«(Counterfeit and pirated goods – No criminal penalty for the transit of counterfeit goods – Compatibility with Regulation (EC) No 3295/94)»
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(Council Regulation No 3295/94, Arts. 2 and 11)
JUDGMENT OF THE COURT (Fifth Chamber)
7 January 2004 (1)
((Counterfeit and pirated goods – No criminal penalty for the transit of counterfeit goods – Compatibility with Regulation (EC) No 3295/94))
In Case C-60/02, REFERENCE to the Court under Article 234 EC by the Landesgericht Eisenstadt (Austria) for a preliminary ruling in the criminal proceedings before that court against X, on the interpretation of Council Regulation (EC) No 3295/94 of 22 December 1994 laying down measures concerning the entry into the Community and the export and re-export from the Community of goods infringing certain intellectual property rights (OJ 1994 L 341, p. 8), as amended by Council Regulation (EC) No 241/1999 of 25 January 1999 (OJ 1999 L 27, p. 1).THE COURT (Fifth Chamber),,
after considering the written observations submitted on behalf of:
having regard to the report of the Judge-Rapporteur,
after hearing the Opinion of the Advocate General at the sitting on 5 June 2003,
gives the following
On those grounds,
THE COURT (Fifth Chamber),
in answer to the question referred to it by the Landesgericht Eisenstadt by order of 17 January 2002, hereby rules:
Edward |
La Pergola |
Jann |
R. Grass |
V. Skouris |
Registrar |
President |