The EU Court of Justice rules that the provisions on the free movement of goods and on competition do not prohibit the proprietor of the same mark in all the Member States from exercising his trade-mark rights to prevent the sale in the Community by a third party of products bearing the same mark which is owned in a third country (EMI / CBS)

JUDGMENT OF THE COURT OF 15 JUNE 1976 [1] EMI Records Limited v CBS United Kingdom Limited (preliminary ruling requested by the High Court of Justice, London) Case 51/75* 1. Neither the rules of the Treaty on the free movement of goods nor those on the putting into free circulation of products coming from third countries nor, finally, the principles governing the common commercial policy, prohibit the proprietor of a mark in all the Member States of the Community from exercising his right in order to prevent the importation of similar products bearing the same mark and coming from a third country. Nor may the provisions of the Treaty on the free movement of goods be invoked for the purpose of prohibiting the