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12.4.2008 |
EN |
Official Journal of the European Union |
C 92/20 |
Reference for a preliminary ruling from the Cour de Cassation (France) lodged on 15 February 2008 — Copad SA v 1. Christian Dior couture SA, 2. Vincent Gladel, acting as receiver of Société industrielle de lingerie (SIL), 3. Société industrielle de lingerie (SIL)
(Case C-59/08)
(2008/C 92/37)
Language of the case: French
Referring court
Cour de Cassation (France)
Parties to the main proceedings
Claimant: Copad SA
Defendants: 1. Christian Dior couture SA, 2. Vincent Gladel, acting as receiver of Société industrielle de lingerie (SIL), 3. Société industrielle de lingerie (SIL)
Questions referred
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1. |
Must Article 8(2) of First Council Directive No 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (1) be interpreted as meaning that the proprietor of a trade mark can invoke the rights conferred by that trade mark against a licensee who contravenes a provision in the licensing contract prohibiting, on grounds of the trade mark's prestige, sale to discount stores? |
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2. |
Must Article 7(1) of that directive be interpreted as meaning that a licensee who puts goods bearing a trade mark on the market in the European Economic Area in disregard of a provision of the licensing contract prohibiting, on grounds of the trade mark's prestige, sale to discount stores, does so without the consent of the trade mark proprietor? |
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3. |
If not, can the proprietor invoke such a provision to oppose further commercialisation of the goods, on the basis of Article 7(2) of that directive? |