GOVERNMENT OF THE UNITED KINGDOM AND BY THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE , AND AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED , A STEP IN THE ACTION PENDING BEFORE THE BUNDESGERICHTSHOF , COSTS ARE A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE BUNDESGERICHTSHOF BY ORDER OF THAT COURT DATED 31 OCTOBER 1975 , HEREBY RULES :
IT IS COMPATIBLE WITH THE PROVISIONS OF THE EEC TREATY RELATING TO THE FREE MOVEMENT OF GOODS FOR AN UNDERTAKING ESTABLISHED IN A MEMBER STATE , BY VIRTUE OF A RIGHT TO A TRADE-MARK AND A RIGHT TO A COMMERCIAL NAME WHICH ARE PROTECTED BY THE LEGISLATION OF THAT STATE , TO PREVENT THE IMPORTATION OF PRODUCTS OF AN UNDERTAKING ESTABLISHED IN ANOTHER MEMBER STATE AND BEARING BY VIRTUE OF THE LEGISLATION OF THAT STATE A NAME GIVING RISE TO CONFUSION WITH THE TRADE-MARK AND COMMERCIAL NAME OF THE FIRST UNDERTAKING , PROVIDED THAT THERE ARE NO AGREEMENTS RESTRICTING COMPETITION AND NO LEGAL OR ECONOMIC TIES BETWEEN THE UNDERTAKINGS AND THAT THEIR RESPECTIVE RIGHTS HAVE ARISEN INDEPENDENTLY OF ONE ANOTHER .