EUR-Lex - 31974D0432 - EN

Article 1

The agreement dated 17 February 1938 concerning the use of the trade mark "Advocaat Zwarte Kip" in the Netherlands, Belgium and Luxembourg, in so far as it has the effect of prohibiting the importation of products bearing the same trade mark, namely "Advocaat Zwarte Kip", constitutes an infringement of Article 85 (1) of the EEC Treaty and does not qualify for exemption under paragraph 3 of that article.

Article 2

VB Van Olffen of Hattem and SA Cinoco of Brussels shall forthwith bring to an end the infringement as found in Article 1 by refraining from preventing the free movement between the Netherlands, Belgium and Luxembourg of products bearing the trade mark "Advocaat Zwarte Kip".

Article 3

This Decision is addressed to: - Van Olffen VB of Hattem;

• Cinoco SA of Brussels.

Done at Brussels, 24 July 1974.

For the Commission

The President

François-Xavier ORTOLI

(1)Judgment of the Court of Justice of 18 February 1971 in Case 40/70, Reports XVII, 83.