CELEX: C2002/323/29
Language: en
Date: 2002-12-21 00:00:00
Title: Judgment of the Court of 12 November 2002 in Case C-206/01 (Reference for a preliminary ruling from the High Court of Justice (England & Wales), Chancery Division): Arsenal Football Club plc v Matthew Reed (Approximation of laws — Trade marks — Directive 89/104/EEC — Article 5(1)(a) — Scope of the proprietor's exclusive right to the trade mark)

C 323/22                EN                       Official Journal of the European Communities                                         21.12.2002
C.W.A. Timmermans (Rapporteur), President of the Chamber,                   party uses in the course of trade a sign which is identical to a validly
D.A.O. Edward and S. von Bahr, Judges; F.G. Jacobs, Advocate                registered trade mark on goods which are identical to those for which
General; R. Grass, Registrar, has given a judgment on 7 Novem-              it is registered, the trade mark proprietor of the mark is entitled, in
ber 2002, in which it:                                                      circumstances such as those in the present case, to rely on Article
                                                                            5(1)(a) of that directive to prevent that use. It is immaterial that, in
                                                                            the context of that use, the sign is perceived as a badge of support for
1.    Dismisses the appeal;                                                 or loyalty or affiliation to the trade mark proprietor.
2.    Orders Mr Hirschfeldt to pay the costs.
                                                                            (1 ) OJ C 212 of 28.7.2001.
( 1) OJ C 200 of 14.7.2001.
                                                                                               JUDGMENT OF THE COURT
                                                                                                      (Second Chamber)
                 JUDGMENT OF THE COURT
                                                                                                     of 7 November 2002
                      of 12 November 2002
                                                                            In Joined Cases C-228/01 and C-289/01 (Reference for a
in Case C-206/01 (Reference for a preliminary ruling from                   preliminary ruling from the tribunal de grande instance
the High Court of Justice (England & Wales), Chancery                         de Dax): Jacques Bourrasse and Jean-Marie Perchicot ( 1)
   Division): Arsenal Football Club plc v Matthew Reed (1)
                                                                            (Transport— Directive 84/647/EEC — Use of vehicles hired
(Approximation of laws — Trade marks — Directive 89/                        without drivers for the carriage of goods by road —
104/EEC — Article 5(1)(a) — Scope of the proprietor’s                       Registration of hired vehicles — Hired vehicles operating
                exclusive right to the trade mark)                          under Community authorisation — Regulation (EEC)
                                                                            No 881/92 — Management of tachograph discs of hired
                                                                                        vehicles — Regulation (EEC) No 3821/85)
                          (2002/C 323/29)
                                                                                                        (2002/C 323/30)
                   (Language of the case: English)
                                                                                                  (Language of the case: French)
                                                                            (Provisional translation; the definitive translation will be published
In Case C-206/01: Reference to the Court under Article 234
                                                                                                 in the European Court Reports)
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                  In Joined Cases C-228/01 and C-289/01: Reference to the
to approximate the laws of the Member States relating to trade              Court under Article 234 EC by the Cour d’appel de Pau (C-228/
marks (OJ 1989 L 40, p. 1), the Court, composed of:                         01) and the Tribunal de grande instance de Dax (C-289/01)
G.C. Rodríguez Iglesias, President, J.-P. Puissochet, M. Wathelet,          (France) for a preliminary ruling in the criminal proceedings
C.W.A. Timmermans (Rapporteur) (Presidents of Chambers),                    pending before those courts against Jacques Bourrasse (C-228/
C. Gulmann, D.A.O. Edward, P. Jann, V. Skouris, F. Macken,                  01) and Jean-Marie Perchicot (C-289/01) Third parties: Union
N. Colneric and S. von Bahr, Judges; D. Ruiz-Jarabo Colomer,                régionale syndicale des petits et moyens transporteurs du Sud-
Advocate General; L. Hewlett, Principal Administrator, for the              Ouest (Unostra Aquitaine) (C-228/01), Fédération générale des
Registrar, has given a judgment on 12 November 2002, in                     transports et de l’équipement CFDT (FGTE-CFDT) (C-289/01)
which it has ruled:                                                         and Inspection du travail des transports (C-228/01 and C-289/
                                                                            01), and on the interpretation of Article 2 of Council Directive
                                                                            84/647/EEC of 19 December 1984 on the use of vehicles
In a situation which is not covered by Article 6(1) of the First Council    hired without drivers for the carriage of goods by road (OJ
Directive 89/104/EEC of 21 December 1988 to approximate the                 1984 L 335, p. 72), as amended by Council Directive 90/398/
laws of the Member States relating to trade marks, where a third            EEC of 24 July 1990 (OJ 1990 L 202, p. 46), the Court (Second