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Case C-379/14: Judgment of the Court (Third Chamber) of 16 July 2015 (request for a preliminary ruling from the Gerechtshof Den Haag (Netherlands)) — TOP Logistics BV, Van Caem International BV v Bacardi & Company Ltd, Bacardi International Ltd and Bacardi & Company Ltd, Bacardi International Ltd v TOP Logistics BV, Van Caem International BV (Reference for a preliminary ruling — Trade marks — Directive 89/104/EEC — Article 5 — Products bearing a trade mark released for free circulation and placed under the duty suspension arrangement without the consent of the proprietor of the trade mark — Right of that proprietor to oppose that placing — Definition of ‘using in the course of trade’)
ECLI:EU:UNKNOWN:62014CA0379
62014CA0379
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Official Journal of the European Union
C 302/11
(Case C-379/14) (<span class="super">1</span>)
((Reference for a preliminary ruling - Trade marks - Directive 89/104/EEC - Article 5 - Products bearing a trade mark released for free circulation and placed under the duty suspension arrangement without the consent of the proprietor of the trade mark - Right of that proprietor to oppose that placing - Definition of ‘using in the course of trade’))
(2015/C 302/14)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicants: TOP Logistics BV, Van Caem International BV, Bacardi & Company Ltd, Bacardi International Ltd
Defendants: Bacardi & Company Ltd, Bacardi International Ltd, TOP Logistics BV, Van Caem International BV
Operative part of the judgment
Article 5 of the First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks must be interpreted as meaning that the proprietor of a trade mark registered in one or more Member States may oppose a third party placing goods bearing that trade mark under the duty suspension arrangement after they have been introduced into the EEA and released for free circulation without the consent of that proprietor.
(<span class="note">1</span>) OJ C 388, 3.11.2014.