Keywords
Summary

Keywords

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Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Rules of a Member State permitting an objection to the marketing of products bearing the symbol ( R ) if the affixed trade mark has not been registered in that Member State - Application to products imported from another Member State - Not permissible - Justification - Consumer protection - Fair trading - None

( EEC Treaty, Art . 30 )

Summary

Article 30 of the EEC Treaty is to be interpreted as precluding the application of a national provision on unfair competition which enables an economic operator to obtain a prohibition in the territory of a Member State on the marketing of a product bearing the letter ( R ) in a circle next to the trade mark, if that trade mark is not registered in that State but in another .

In order to justify such a prohibition it is not possible to rely on the imperative requirements relating to consumer protection, since, assuming that consumers are misled, it can only be as to the place of registration of the trade mark, which is a secondary concern, and not as to the quality of the product, which is a prime concern, nor on the imperative requirements relating to fair trading, since, firstly, a prudent businessman with an interest in whether or not a trade mark is legally protected by virtue of registration can obtain precise information on that point, and, secondly, a person who registers a trade mark seeks, above all, to obtain that protection and the possibility of affixing a symbol indicating the existence of the protection is only ancillary thereto .