Zaak C-535/13: Honda Giken Koygo. Prejudiciële vragen Protodikeio Athinon (Griekenland).
Merkenrecht. Parallelimport. "A request for a preliminary ruling in a case which concerns the consent of parallel imports of products manufactured in Thailand, which are intended by the applicant to be put on the market in Asia, not in the EEA. It is an order which seeks to prohibit the defendant from importing, holding, advertising, distributing for sale and selling the applicant's products which were first put into circulation outside the EEA."
Prejudiciële vragen: "What is the scope of the provisions of Article 7 of Directive 89/104/ΕEC (now Article 7 of Directive 2008/95/ΕC) and of Article 13 of Regulation (ΕC) 40/94/ΕC (now Article 13 of Regulation (EC) No 207/2009) in relation to the right of a trade mark proprietor to prohibit parallel imports into the EU and the EEA of its products which were first supplied or put on the market in a country outside the EU and the EEA, especially in the case of products with a large profit margin and price squeezing, as evidenced by large fluctuations in pricing policy, and/or where parallel imports may result in considerable reductions in prices to end consumers, for their benefit and the benefit of the competition, as in the case of all types of spare parts for motor vehicles, in light of the effect, in isolation or combination, of:
(a) The provisions of Articles 101 and 102 TFEU; (b) the provisions of Articles I, XI.1, ΙΙΙ.4 and XX(d) and GATT 1994 law in general; and (c) Articles I and [Χ]XIV GΑΤΤ 1994, especially as they [extend] the scope of the provisions of Article 7(1) of Directive 2008/95/ΕC and of Article 13(1) of Regulation (ΕC) No 207/2009 …to products put on the market in contracting parties of GΑΤΤ 1994 [and] reciprocity issues arise between them?"
