Source: EURLEX
Language: en
Format: md

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| 13.2.2010 | EN | Official Journal of the European Union | C 37/22 |

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Reference for a preliminary ruling from Court of Appeal (England & Wales) (Civil Division) made on 2 December 2009 — Nokia Corporation v Her Majesty's Commissioners of Revenue and Customs

(Case C-495/09)

2010/C 37/26

Language of the case: English

Referring court

Court of Appeal (England & Wales) (Civil Division)

Parties to the main proceedings

Applicant: Nokia Corporation

Defendant: Her Majesty's Commissioners of Revenue and Customs

Question referred

Are non-Community goods bearing a Community trade mark which are subject to customs supervision in a Member State and in transit from a non-Member State to another non-Member State capable of constituting ‘counterfeit goods’ within the meaning of Article 2(1)(a) of Regulation 1383/2003/EC[(1)](#ntr1-C_2010037EN.01002201-E0001) if there is no evidence to suggest that those goods will be put ton the market in the EC, either in conformity with a customs procedure or by means of an illicit diversion.

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