Zino Davidoff (Approximation of laws)

(Trade marks - Directive 89/104/EEC - Article 7(1) - Exhaustion of the rights conferred by a trade mark - Goods placed on the market outside the EEA - Imported into the EEA - Consent of the trade mark proprietor - Whether consent required to be express or implied - Law governing the contract - Presumption of consent - Non-applicability)

REFERENCES to the Court under Article 234 EC by the High Court of Justice of England and Wales, Chancery Division (Patent Court), for a preliminary ruling in the proceedings pending before that court between Zino Davidoff SA and A & G Imports Ltd (C-414/99), between Levi Strauss & Co., Levi Strauss (UK) Ltd and Tesco Stores Ltd, Tesco plc (C-415/99), and between Levi Strauss & Co., Levi Strauss (UK) Ltd

on the interpretation of Article 7 of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1), as amended by the Agreement on the European Economic Area of 2 May 1992 (OJ 1994 L 1, p. 3), THE COURT,

composed of: G.C. Rodr�guez Iglesias, President, P. Jann, N. Colneric and S. von Bahr (Presidents of Chambers), C. Gulmann (Rapporteur), D.A.O. Edward, A. La Pergola, J.-P. Puissochet, L. Sev�n, V. Skouris and C.W.A. Timmermans, Judges, Advocate General: C. Stix-Hackl, Registrar: L. Hewlett, Administrator,

The registered trade mark shall confer on the proprietor exclusive rights therein. The proprietor shall be entitled to prevent all third parties not having his consent from using in the course of trade: (a) any sign which is identical with the trade mark in relation to goods or services which are identical with those for which the trade mark is registered; ... 3. The following, inter alia , may be prohibited [under paragraph 1]: ... (c) importing or exporting the goods under the sign; ...