Official Journal of the European Union

C 297/14

(Case C-324/08)

(Directive 89/104/EEC - Trade-mark law - Exhaustion of trade mark proprietor’s rights - Placing of goods on the market in the European Economic Area by a third party - Implied consent - Conditions)

2009/C 297/15

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: Makro Zelfbedieningsgroothandel C.V., Metro Cash & Carry B.V., Remo Zaandam B.V.

Defendant: Diesel S.P.A.

Re:

Reference for a preliminary ruling — Hoge Raad der Nederlanden Den Haag — Interpretation of Article 7(1) of 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) — Exhaustion of the right conferred by the mark — Product placed on the market in the Community or the EEA by the trade mark proprietor or with his consent — Implied consent — Conditions

Operative part of the judgment

Article 7(1) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks, as amended by the Agreement on the European Economic Area of 2 May 1992, must be interpreted as meaning that the consent of the proprietor of a trade mark to the marketing of goods bearing that mark carried out directly in the European Economic Area by a third party who has no economic link to that proprietor may be implied, in so far as such consent is to be inferred from facts and circumstances prior to, simultaneous with or subsequent to the placing of the goods on the market in that area which, in the view of the national court, unequivocally demonstrate that the proprietor has renounced his exclusive rights.

(<span class="super">1</span>) OJ C 272, 25.10.2008.