CELEX: C2000/020/05
Language: en
Date: 2000-01-22 00:00:00
Title: Judgment of the Court of 12 October 1999 in Case C-379/97 (reference for a preliminary ruling from the Sø- og Handelsret): Pharmacia & Upjohn SA v Paranova A/S (Trade-mark rights — Pharmaceutical products — Parallel imports — Replacement of a trade mark)

22.1.2000               EN                      Official Journal of the European Communities                                             C 20/3
                 JUDGMENT OF THE COURT                                                      JUDGMENT OF THE COURT
                          (Sixth Chamber)                                                         of 12 October 1999
                         of 5 October 1999                                 in Case C-379/97 (reference for a preliminary ruling from
                                                                           the Sø- og Handelsret): Pharmacia & Upjohn SA v
in Case C-10/98 P: Azienda Agricola ‘Le Canne’ Srl v                                                 Paranova A/S (1)
       Commission of the European Communities (1)
                                                                           (Trade-mark rights — Pharmaceutical products — Parallel
(Appeal — Aquaculture — Regulations (EEC) Nos 4028/86                                 imports — Replacement of a trade mark)
and 1116/88 — Community financial aid — Reduction of
                                  aid)
                                                                                                     (2000/C 20/05)
                           (2000/C 20/04)
                                                                                              (Language of the case: Danish)
                    (Language of the case: Italian)
                                                                           (Provisional translation; the definitive translation will be published
(Provisional translation; the definitive translation will be published                        in the European Court Reports)
                   in the European Court Reports)
                                                                           In Case C-379/97: reference to the Court under Article 177 of
In Case C-10/98 P: Azienda Agricola ‘Le Canne’ Srl, established            the EC Treaty (now Article 234 EC) from the Sø- og Handelsret
in Porto Viro (Italy), represented by G. Schiller, G. Carraro and          (Marine and Commercial Court), Denmark, for a preliminary
F. Mazzonetto, of the Padua Bar, with an address for service in            ruling in the proceedings pending before that court between
Luxembourg at the Chambers of G. Arendt, 8-10 Rue Mathias                  Pharmacia & Upjohn SA, formerly Upjohn SA, and Paranova
Hardt — Appeal against the judgment of the Court of First                  A/S — on the interpretation of Articles 30 and 36 of the EC
Instance of the European Communities (Third Chamber) of                    Treaty (now, after amendment, Articles 28 EC and 30 EC)
7 November 1997 in Case T-218/95 Le Canne v Commission                     and of Article 7 of First Council Directive 89/104/EEC of
[1997] ECR II-2055, seeking to have that judgment set aside,               21 December 1988 to approximate the laws of the Member
the other party to the proceedings being: Commission of the                States relating to trade marks (OJ 1989 L 40, p. 1) —
European Communities (Agent: E. de March, assisted by A. Dal               the Court, composed of: G.C. Rodrı́guez Iglesias, President,
Ferro) — the Court (Sixth Chamber) composed of P.J.G. Kap-                 J.C. Moitinho de Almeida, D.A.O. Edward and R. Schintgen
teyn, President of the Chamber, G. Hirsch, J.L. Murray (Rappor-            (Presidents of Chambers), P.J.G. Kapteyn, C. Gulmann (Rappor-
teur), H. Ragnemalm and R. Schintgen, Judges, Advocate Gen-                teur), G. Hirsch, P. Jann and M. Wathelet, Judges; F.G. Jacobs,
eral: G. Cosmas, Registrar: H. von Holstein, Deputy Registrar              Advocate General; H. von Holstein, Deputy Registrar, for the
has given a judgment on 5 October 1999, in which it:                       Registrar, has given a judgment on 12 October 1999, in which
                                                                           it has ruled as follows:
1. Sets aside the judgment of the Court of First Instance of
    7 November 1997 in Case T-218/95 Le Canne v Commission;
                                                                           The condition of artificial partitioning of the markets between
                                                                           Member States, as laid down in the judgments in Case 102/77
2. Declares Telex No 12 497 of 27 October 1995 null and void               Hoffmann-La Roche v Centrafarm [1978] ECR 1139 and in Joined
    on account of failure to comply with the procedure provided            Cases C-427/93, C-429/93 and C-436/93 Bristol-Myers Squibb
    for by Articles 44(1) and 47 of Council Regulation (EEC)               and Others v Paranova [1996] ECR 1-3457, means that it is
    No 4028/86 of 18 December 1986 on Community measures                   necessary, in order to determine whether the proprietor of a trade
    to improve and adapt structures in the fisheries and aquaculture       mark may, under national law, prevent a parallel importer of
    sector and Article 7 of Commission Regulation (EEC)                    pharmaceutical products from replacing the trade mark used in the
    No 1116/88 of 20 April 1988 laying down detailed rules for             Member State of export by that which the proprietor uses in the
    the application of decisions granting aid for projects concerning      Member State of import, to assess whether the circumstances
    Community measures to improve and adapt structures in the              prevailing at the time of marketing in the Member State of import
    fisheries and aquaculture sector and in structural works in coastal    make it objectively necessary to replace the original trade mark by
    waters;                                                                that used in the Member State of import in order that the product in
                                                                           question may be marketed in that State by the parallel importer.
3. Orders the Commission of the European Communities to pay the
    costs of both sets of proceedings.
                                                                           (1) OJ No C 387 of 20.12.1997.
(1) OJ C 94 of 28.3.1998.