C-40/01

ANSUL BV v. AJAX BRANDBEVEILIGING BV

Questions relating to interpretation of Article 12 of First Council Directive 89/104/EEC:

Must the words "put to genuine use" in Article 12(1) of the abovementioned directive be interpreted in the manner set out in paragraph 3.4 above and, if the answer is in the negative, on the basis of which (other) criterion must the meaning of "genuine use" be determined?

Can there be "genuine use" as referred to above also where no new goods are traded under the trade mark but other activities are engaged in as set out in subparagraphs (V) and (VI) of paragraph 3.1 above?