Source: EURLEX
Language: en
Format: md

[**Avis juridique important**](../../../editorial/legal_notice.htm)

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# 62001J0206

**Judgment of the Court of 12 November 2002. - Arsenal Football Club plc v Matthew Reed. - Reference for a preliminary ruling: High Court of Justice (England & Wales), Chancery Division - United Kingdom. - Approximation of laws - Trade marks - Directive 89/104/EEC - Article 5(1)(a) - Scope of the proprietor's exclusive right to the trade mark. - Case C-206/01.** 
  
*European Court reports 2002 Page I-10273*

  

[Parties](#I1)  
[Grounds](#MO)  
[Decision on costs](#CO)  
[Operative part](#DI)

## Parties

  
*In Case C-206/01,

REFERENCE to the Court under Article 234 EC by the High Court of Justice of England and Wales, Chancery Division, for a preliminary ruling in the proceedings pending before that court between

Arsenal Football Club plc

and

Matthew Reed,

on the interpretation of Article 5(1)(a) of the First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1),

THE COURT,

composed of: G.C. Rodríguez Iglesias, President, J.-P. Puissochet, M. Wathelet, C.W.A. Timmermans (Rapporteur) (Presidents of Chambers), C. Gulmann, D.A.O. Edward, P. Jann, V. Skouris, F. Macken, N. Colneric and S. von Bahr, Judges,

Advocate General: D. Ruiz-Jarabo Colomer,

Registrar: L. Hewlett, Principal Administrator,

after considering the written observations submitted on behalf of:

- Arsenal Football Club plc, by S. Thorley QC and T. Mitcheson, Barrister, instructed by Lawrence Jones, Solicitors,

- Mr Reed, by A. Roughton, Barrister, instructed by Stunt & Son, Solicitors,

- the Commission of the European Communities, by N.B. Rasmussen, acting as Agent,

- the EFTA Surveillance Authority, by P. Dyrberg, acting as Agent,

having regard to the Report for the Hearing,

after hearing the oral observations of Arsenal Football Club plc, represented by S. Thorley and T. Mitcheson; Mr Reed, represented by A. Roughton and S. Malynicz, Barrister; and the Commission, represented by N.B. Rasmussen and M. Shotter, acting as Agent, at the hearing on 14 May 2002,

after hearing the Opinion of the Advocate General at the sitting on 13 June 2002,

gives the following

Judgment*

## Grounds

[Top](#document1)