ECJ Rules On Counterfeits In Transit

In November 2009, the UK Court of Appeal of England and Wales and the Belgian Court of First Instance of Antwerp each referred questions to the Court of Justice of the European Union (the "ECJ") concerning the legal position of goods in transit through an EU Member State in which these goods infringe intellectual property rights (See, this Newsletter, Volume 2009, No. 11, p. 6). The questions relate to two distinct national procedures, but were joined before the ECJ. Advocate General Cruz Villalón (the "AG") delivered his opinion in these joined cases in February 2011 (See, VBB on Belgian Business Law, Volume 2011, No. 2, p. 7, available at www.vbb.com). The ECJ has now handed down its judgment (the "Judgment"), mainly confirming the opinion of the AG.