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Bosshard Partners Intertrading AG v. Sunlight AG

Spain.  25 January 1979 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Treaties — Effect in municipal law — Agreements between the European Community and third States — Conditions for direct applicability — EEC-Switzerland Free Trade Agreement, 1972 — Articles 13 and 20 — Whether creating directly enforceable rights for individuals

Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC-Switzerland Free Trade Agreement, 1972 — Whether provisions of Agreement satisfying conditions for direct applicability

Treaties — Interpretation — Principles of interpretation — Clear text — Ordinary meaning — Reference to other treaties — Comparison with analogous provisions contained in another treaty — Whether legitimate method of interpretation where purpose of treaties is different

International organizations — EEC — Relationship with third States — Free Trade Agreement with Switzerland — Purpose — Whether requiring Switzerland to harmonize economic policy and legislation with that of the Community — Institutions — Court of Justice of the European Communities — Powers — Interpretation of Community agreements with third States — Whether interpretation by Court of Justice of analogous provisions of other Community agreements is binding upon courts of third State

Economics, trade and finance — Trade between European Community and third States — Industrial property — International group of companies holding same trademark in several countries — Prevention of “parallel” imports by exercise of trademark rights — Whether constituting measures with equivalent effect to quantitative restrictions — Whether violating EEC-Switzerland Free Trade Agreement, 1972 — The law of Switzerland

Type
Case Report
Copyright
© Cambridge University Press 1993

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