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Nokia v Her Majesty’s Commissioners of Revenue & Customs and the International Trade Mark Association

The following question has been referred by the Court of Appeal (England & Wales) (Civil Division) to the Court of Justice of the European Communities under Article 234 EC for a preliminary ruling:

Are non-Community goods bearing a Community trade mark which are subject to customs supervision in a Member State and in transit from a non-Member State to another non-Member State capable of constituting "counterfeit goods" within the meaning of Article 2(1)(a) of Regulation 1383/2003/EC if there is no evidence to suggest that those goods will be put on the market in the EC, either in conformity with a customs procedure or by means of an illicit diversion.