||All England Reporter
|| All ER (D) 289 (May)
|| EWCA Civ 696
||Court of Appeal, Civil Division
Aldous, Clarke and Jonathan Parker LJJ
||Simon Thorley QC, Mark Brealey QC and Thomas Mitcheson (instructed by Lawrence Jones) for the claimant.
||Roger Wyand QC, Nicholas Green QC and Ashley Roughton (instructed by Duffield Stunt & Son) for the defendant.
||21 May 2003
Practice and procedure - European Court of Justice - Jurisdiction - Trade marks - Infringement - Reference to European Court of Justice - Application of guidance given by European Court of Justice on law to findings of fact made by national court - First Council Directive (EEC) 89/104, art 5(1)(a).
The judge had erred in concluding that the European Court of Justice had disregarded findings of fact made by him in the judgment in which he had referred questions to the court for its consideration. He should, therefore, have followed the ruling of the ECJ.
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