Source: All England Reporter
Publisher Citation: [2003] All ER (D) 289 (May)
Neutral Citation: [2003] EWCA Civ 696
Court: Court of Appeal, Civil Division

Aldous, Clarke and Jonathan Parker LJJ

Representation 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.
Judgment Dates: 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 Case

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.

Practice Areas

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