CELEX: C2006/074/12
Language: en
Date: 2006-03-25 00:00:00
Title: Case C-17/06: Reference for a preliminary ruling from the Cour d'appel de Nancy by judgment of that court of  9 January 2006  in S.A.R.L. CELINE v S.A. CELINE

25.3.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 74/5
            
         Reference for a preliminary ruling from the Cour d'appel de Nancy by judgment of that court of 9 January 2006 in S.A.R.L. CELINE v S.A. CELINE
   (Case C-17/06)
   (2006/C 74/12)
   Language of the case: French
   Reference has been made to the Court of Justice of the European Communities by judgment of the Cour d'appel de Nancy of 9 January 2006, received at the Court Registry on 17 January 2006, for a preliminary ruling in the proceedings between S.A.R.L. CELINE and S.A. CELINE on the following question:
   
                
            
            
               Must Article 5(1) of Directive 89/104/EEC (1) be interpreted as meaning that the adoption, by a third party without authorisation, of a registered word mark, as a company name, business name or style in connection with the marketing of identical goods, amounts to use of that mark in the course of trade, which the proprietor is entitled to stop by reason of his exclusive rights?
            
         
      (1)  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)