Boehringer Ingelheim KG and Others v Swingward Ltd and Another: ECJ 23 Apr 2002

The applicant sought to restrict the right of parallel importers of its goods to repackage the goods, and re-supply them in packaging on which their trade mark had been re-applied.
Held: The prohibition of quantitative restrictions on imports does not preclude restrictions justified on the grounds of the protection of industrial and commercial property. Such restrictions must not allow arbitrary discrimination or be a disguised restriction on trade between member states. The mark owners were allowed to prevent the repackaging so long as it did not operate to prevent trade.


GC Rodriguez Iglesias, President and Judges P. Jann, C. Gulmann, D. A. O. Edward, M. Wathelet, R. Schintgen, V. Skouris, J. N. Cunha Rodrigues and C. W. A. Timmermans Advocate-General F. G. Jacobs


Times 23-May-2002, C-143/00, [2002] EUECJ C-143/00, [2002] ECR I-3759




First Council Directive 89/104/EEC of December 21, 1988 to approximate the laws of the member states relating to trade marks (OJ 1989 L40, p1) 7(2)



Cited by:

Answered byBoehringer Ingelheim Kg, Boehringer Ingelheim Pharma Gmbh and Co Kg, Swingward Limited v Boehringer Ingelheim Kg, Boehringer Ingelheim Pharma Gmbh and Co Kg, Boehringer Ingelheim Limited-And-Dowelhurst Limited CA 5-Mar-2004
. .
CitedL’Oreal Sa and Others v Ebay International Ag and Others ChD 22-May-2009
The court was asked as to whether the on-line marketplace site defendant was liable for trade mark infringements by those advertising goods on the web-site.
Held: The ECJ had not yet clarified the law on accessory liability in trade mark . .
Lists of cited by and citing cases may be incomplete.

European, Intellectual Property

Updated: 06 June 2022; Ref: scu.170259