Source: EURLEX
Language: en
Format: md

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| 30.10.2008 | EN | Official Journal of the European Union | C 275/20 |

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JUDGMENT OF THE COURT

of 8 July 2008

in Joined Cases E-9/07 and E-10/07 between L'Oréal Norge AS (Case E-9/07 and Case E-10/07); L'Oréal SA (Case E-10/07) and Per Aarskog AS (Case E-9/07); Nille AS (Case E-9/07); Smart Club AS (Case E-10/07)

(Exhaustion of trade mark rights)

(2008/C 275/09)

In Joined Cases E-9/07 and E-10/07, between L'Oréal Norge AS and L'Oréal SA on one hand, and Per Aarskog AS, Nille AS and Smart Club AS on the other — Requests to the Court by Follo tingrett (Follo District Court) and Oslo tingrett (Oslo District Court), concerning the interpretation of the First Council Directive of 21 December 1988 to approximate the laws of the Member States relating to trade marks (89/104/EEC), the Court, composed of Thorgeir Örlygsson, Acting President, Henrik Bull, Judge-Rapporteur and Martin Ospelt (ad hoc), Judge, gave judgment on 8 July 2008, the operative part of which is as follows:

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|  | Article 7(1) of First Council Directive of 21 December 1988 to approximate the laws of the Member States relating to trade marks (89/104/EEC) is to be interpreted to the effect that it precludes the unilateral introduction or maintenance of international exhaustion of rights conferred by a trade mark regardless of the origin of the goods in question. |

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