Source: EURLEX
Language: en
Format: md

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

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# 61973J0192

**Judgment of the Court of 3 July 1974. - Van Zuylen frères v Hag AG. - Preliminary ruling requested by the Tribunal d'arrondissement de Luxembourg - Grand Duchy of Luxembourg. - Case 192-73.** 
  
*European Court reports 1974 Page 00731  
 Greek special edition Page 00371  
 Portuguese special edition Page 00377  
 Spanish special edition Page 00347  
 Swedish special edition Page 00331  
 Finnish special edition Page 00333*

  

[Summary](#SM)  
[Parties](#I1)  
[Subject of the case](#I2)  
[Grounds](#MO)  
[Decision on costs](#CO)  
[Operative part](#DI)

## Keywords

  
*++++

1 . FREE MOVEMENT OF GOODS - INDUSTRIAL AND COMMERCIAL PROPERTY - RIGHTS - SPECIFIC SUBJECT MATTER OF THE PROPERTY - TRADE MARK RIGHT - PROTECTION - INFRINGEMENT

( EEC TREATY, ARTICLE 36 )

2 . FREE MOVEMENT OF GOODS - INDUSTRIAL PROPERTY - TRADE MARK RIGHT - PRODUCT LEGALLY BEARING A TRADE MARK IN ONE MEMBER STATE - MARKETING IN ANOTHER MEMBER STATE - PROHIBITION - INADMISSIBILITY

( EEC TREATY, ARTICLE 36 )*

## Summary

  
*1 . ARTICLE 36 ONLY ADMITS DEROGATIONS FROM THE FREE MOVEMENT OF GOODS TO THE EXTENT THAT SUCH DEROGATIONS ARE JUSTIFIED FOR THE PURPOSE OF SAFEGUARDING RIGHTS THAT CONSTITUTE THE SPECIFIC SUBJECT MATTER OF INDUSTRIAL AND COMMERCIAL PROPERTY .

THUS THE APPLICATION OF THE LEGISLATION RELATING TO THE PROTECTION OF TRADE MARKS PROTECTS THE LEGITIMATE HOLDER OF THE TRADE MARK AGAINST INFRINGEMENT ON THE PART OF PERSONS WHO LACK ANY LEGAL TITLE .

2 . THE EXERCISE OF A TRADE MARK RIGHT TENDS TO CONTRIBUTE TO THE PARTITIONING OFF OF THE MARKETS AND THUS TO AFFECT THE FREE MOVEMENT OF GOODS BETWEEN MEMBER STATES, ALL THE MORE SO SINCE - UNLIKE OTHER RIGHTS OF INDUSTRIAL AND COMMERCIAL PROPERTY - IT IS NOT SUBJECT TO LIMITATIONS IN POINT OF TIME .

ACCORDINGLY, ONE CANNOT ALLOW THE HOLDER OF A TRADE MARK TO RELY UPON THE EXCLUSIVENESS OF A TRADE MARK RIGHT - WHICH MAY BE THE CONSEQUENCE OF THE TERRITORIAL LIMITATION OF NATIONAL LEGISLATION - WITH A VIEW TO PROHIBITING THE MARKETING IN A MEMBER STATE OF GOODS LEGALLY PRODUCED IN ANOTHER MEMBER STATE UNDER AN IDENTICAL TRADE MARK HAVING THE SAME ORIGIN .

THIS IS ALSO THE CASE WHERE A THIRD PARTY DULY ACQUIRED THE PRODUCT IN THE FIRST STATE .*

## Parties

  
*REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE TRIBUNAL D'ARRONDISSEMENT OF LUXEMBOURG FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN

VAN ZUYLEN FRERES

AND

HAG AG*

## Subject of the case

  
*ON THE INTERPRETATION OF ARTICLES 5, 30, 36 AND 85 OF THE EEC TREATY,*

## Grounds

[Top](#document1)