C-16/03P

Peak Holding AB-v-Axolin-Elinor AB

Are goods to be regarded as having been put on the market by virtue of the fact that the trademark owner:

• has imported them into the common market into the common market and paid import duty on them, with the intention that they be sold there?
• has offered them for sale in the trademark owner's own shops or those of a related company within the common market but a sale of the goods has not taken place?

If goods have been put on the market under one of the above alternatives and exhaustion of the trademark right thereby occurs without there having been a sale of the goods, can a trademark owner interrupt exhaustion by returning the goods to a warehouse?

Are goods to be regarded as having been put on the market by virtue of the fact that they have been sold by the trademark owner to another company in the internal market, if, upon the sale, the trademark owner imposed a restriction on the buyer under which he was not entitled to resell the goods in the common market?

Is the answer to question 3 affected if the trademark owner, upon selling the consignment to which the goods belonged, gave the buyer permission to resell a small part of the goods in the common market but did not specify the individual goods to which that permission applied?