Source: EURLEX
Language: en
Format: md

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| 21.12.2013 | EN | Official Journal of the European Union | C 377/6 |

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Request for a preliminary ruling from the Monomeles Protodikeio Athinon (Greece) lodged on 10 October 2013 — Honda Giken Kogyo Kabushiki Kaisha v Maria Patmanidi SA

(Case C-535/13)

2013/C 377/13

Language of the case: Greek

Referring court

Monomeles Protodikeio Athinon

Parties to the main proceedings

Applicant: Honda Giken Kogyo Kabushiki Kaisha

Defendant: Maria Patmanidi SA

Question referred

What is the scope of the provisions of Article 7 of Directive 89/104/ΕEC[(1)](#ntr1-C_2013377EN.01000603-E0001) (now Article 7 of Directive 2008/95/ΕC)[(2)](#ntr2-C_2013377EN.01000603-E0002) and of Article 13 of Regulation (ΕC) 40/94/ΕC[(3)](#ntr3-C_2013377EN.01000603-E0003) (now Article 13 of Regulation (EC) No 207/2009)[(4)](#ntr4-C_2013377EN.01000603-E0004) in relation to the right of a trade mark proprietor to prohibit parallel imports into the EU and the EEA of its products which were first supplied or put on the market in a country outside the EU and the EEA, especially in the case of products with a large profit margin and price squeezing, as evidenced by large fluctuations in pricing policy, and/or where parallel imports may result in considerable reductions in prices to end consumers, for their benefit and the benefit of competition, as in the case of all types of spare parts for motor vehicles, in light of the effect, in isolation or combination, of: (a) the provisions of Articles 101and 102 TFEU; (b) the provisions of Articles I, XI.1, ΙΙΙ.4 and XX(d) and GATT 1994 law in general; and (c) Articles I and [Χ]XIV GΑΤΤ 1994, especially as they extend the scope of the provisions of Article 7(1) of Directive 2008/95/ΕC and of Article 13(1) of Regulation (ΕC) No 207/2009 to products put on the market in contracting parties of the GΑΤΤ 1994 and reciprocity issues arise between them?

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