CELEX: C1999/246/13
Language: en
Date: 1999-08-28 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 1 July 1999 in Case C-173/98 (reference for a preliminary ruling from the Cour d'appel de Bruxelles): Sebago Inc., Ancienne Maison Dubois et Fils SA v G-B Unic SA (Trade mark - Exhaustion of a trade-mark proprietor's rights - Proprietor's consent)

28.8.1999               EN                      Official Journal of the European Communities                                             C 246/7
                 JUDGMENT OF THE COURT                                                        JUDGMENT OF THE COURT
                                                                                                        (Fifth Chamber)
                          (Fifth Chamber)
                                                                                                         of 1 July 1999
                           of 1 July 1999
                                                                           in Case C-173/98 (reference for a preliminary ruling from
                                                                           the Cour d’appel de Bruxelles): Sebago Inc., Ancienne
                                                                                     Maison Dubois et Fils SA v G-B Unic SA (1)
in Case C-155/98 P: Spyridoula Celia Alexopoulou v
        Commission of the European Communities (1)
                                                                           (Trade mark — Exhaustion of a trade-mark proprietor’s
                                                                                               rights — Proprietor’s consent)
(Appeal — Action declared manifestly unfounded or mani-
  festly inadmissible — Officials — Classification in grade)                                            (1999/C 246/13)
                          (1999/C 246/12)                                                         (Language of the case: French)
                                                                           (Provisional translation: the definitive translation will be published
                                                                                                 in the European Court Reports)
                    (Language of the case: French)
                                                                           In Case C-173/98: reference to the Court under Article 234 EC
                                                                           (ex Article 177) from the Cour d’appel (Court of Appeal),
                                                                           Brussels, Belgium, for a preliminary ruling in the proceedings
(Provisional translation: the definitive translation will be published     pending before that court between Sebago Inc., Ancienne
                   in the European Court Reports)                          Maison Dubois et Fils SA and G-B Unic SA — on the
                                                                           interpretation of Article 7(1) 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,
In Case C-155/98 P: Spyridoula Celia Alexopoulou, an official              p. 1) — the Court (Fifth Chamber), composed of:
of the Commission of the European Communities, residing in                 J.-P. Puissochet, President of the Chamber, P. Jann, J.C. Moitin-
Brussels (Belgium), represented by Olivier Slusny, of the                  ho de Almeida, C. Gulmann (Rapporteur) and D.A.O. Edward,
Brussels Bar, with an address for service in Luxembourg at the             Judges; F.G. Jacobs, Advocate General; H. von Holstein, Deputy
Chambers of Louis Schiltz, 2 Rue du Fort Rheinsheim —                      Registrar, for the Registrar, has given a judgment on 1 July
appeal against the order of the Court of First Instance of the             1999, in which it has ruled:
European Communities (First Chamber) of 13 February 1998
in Case T-195/96 Alexopoulou v Commission [1998] ECR-SC
I-A-51 and II-117, seeking to have that order set aside, the               Article 7(1) of the First Council Directive 89/104/EEC of 21
other party to the proceedings being Commission of the                     December 1988 to approximate the laws of the Member States
European Communities (Agents: Gianluigi Valsesia and Julian                relating to trade marks, as amended by the Agreement on the
Currall) — the Court (Fifth Chamber), composed of:                         European Economic Area of 2 May 1992, must be interpreted as
J.-P. Puissochet, President of the Chamber, J.C. Moitinho de               meaning that:
Almeida, C. Gulmann, L. Sevón (Rapporteur) and M. Wathelet,
Judges; P. Léger, Advocate General; H. von Holstein, Deputy                — the rights conferred by the trace mark are exhausted only if the
Registrar, for the Registrar, has given a judgment on 1 July                    products have been put on the market in the Community (in the
1999, in which it:                                                              European Economic Area since the Agreement on the European
                                                                                Economic Area entered into force) and that provision does not
                                                                                leave it open to the Member States to provide in their domestic
1. Dismisses the appeal;                                                        law for exhaustion of the rights conferred by the trade mark in
                                                                                respect of products put on the market in non-member countries;
2. Orders Spyridoula Celia Alexopoulou to pay the costs.
                                                                           — for there to be consent within the meaning of Article 7(1) of that
                                                                                directive, such consent must relate to each individual item of the
                                                                                product in respect of which exhaustion is pleaded.
(1) OJ C 258 of 15.8.1998.
                                                                           (1) OJ C 209 of 4.7.1998.