The Weekly Law Reports
[2005] 2 WLR 650
Court of Justice of the European Communities
Peak Holding AB
v
Axolin-Elinor AB
(Case C-16/03)
2004 March 24;
May 27;
Nov 30
May 27;
Nov 30
President V Skouris Presidents of Chamber P Jann, C W A Timmermans, A Rosas and R Silva de Lapuerta Judges C Gulmann, J-P Puissochet, R Schintgen and J N Cunha Rodrigues Advocate General C Stix-Hackl
Trade mark
— Proprietor's rights
— Exhaustion
— Goods “put on the market” by proprietor or with his consent
— Whether importation or offering for sale without actual sale “putting on market”
— Whether exhaustion precluded by stipulation against resale
—
Council Directive 89/104/EEC (as amended), art 7(1)