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26.9.

98 EN Official Journal of the European Communities C 299/9

Ð compliance with that requirement must be proved That presupposes, however:
within the time limits laid down in Article 28 of that
Regulation, failing which the whole of the security
becomes forfeit pursuant to Article 22(1) and (2) of Ð that the good faith of the recipient has first been
that Regulation. established, and

(1) OJ C 318, 26.10.1996.
(2) OJ L 205, 3.8.1985, p. 5. Ð that the conditions prescribed are the same as those
(3) OJ L 159, 1.7.1993, p. 112. which apply with respect to the recovery of purely
national financial benefits.

(1) OJ C 318, 26.10.1996.

JUDGMENT OF THE COURT
(Fifth Chamber)
of 16 July 1998
JUDGMENT OF THE COURT
in Case C-298/96 (reference for a preliminary ruling from of 16 July 1998
the Verwaltungsgericht Frankfurt am Main): Oelmühle
Hamburg AG, Jb. Schmidt Söhne GmbH & Co. KG v. in Case C-355/96 (reference for a preliminary ruling from
Bundesanstalt für Landwirtschaft und Ernährung (1) the Oberster Gerichtshof): Silhouette International
Schmied GmbH & Co. KG v. Hartlauer
(Unduly paid Community subsidy Ð Recovery Ð Handelsgesellschaft mbH (1)
Application of national law Ð Conditions and limits)
(Directive 89/104/EEC Ð Exhaustion of trade mark Ð
(98/C 299/15)
Goods put on the market in the Community or in a non-
member country)
(Language of the case: German) (98/C 299/16)

(Provisional translation; the definitive translation will be (Language of the case: German)
published in the European Court Reports)

(Provisional translation; the definitive translation will be
In Case C-198/96: reference to the Court under Article 177
of the EC Treaty from the Verwaltungsgericht Frankfurt published in the European Court Reports)
am Main for a preliminary ruling in the proceedings
pending before that court between Oelmühle Hamburg
AG, Jb. Schmidt Söhne GmbH & Co. KG and In Case 355/96: reference to the Court under Article 177
Bundesanstalt für Landwirtschaft und Ernährung, on the of the EC Treaty from the Oberster Gerichtshof for a
principles of Community law applicable to measures taken preliminary ruling in the proceedings pending before that
by national authorities for the recovery of an unduly paid court between Silhouette International Schmied GmbH &
Community subsidy Ð the Court (Fifth Chamber), Co. KG and Hartlauer Handelsgesellschaft mbH, on the
composed of: C. Gulmann, President of Chamber, M. interpretation of first Council Directive 89/104/EEC of
Wathelet, D. A. O. Edward, P. Jann (Rapporteur) and L. 21 December 1988 to approximate the laws of the
Sevón, Judges; P. LeÂger, Advocate General; H. von Member States relating to trade marks (2) as amended by
Holstein, Deputy Registrar, has given a judgment on the Agreement on the European Economic Area of 2 May
16 July 1998, in which it has ruled: 1992 (3) Ð the Court, composed of: G. C. Rodríguez
Iglesias, President, C. Gulmann (Rapporteur), M. Wathelet
and R. Schintgen, Presidents of Chambers, G. F. Mancini,
Community law does not in principle preclude national L. Sevón and K. M. Ioannou, Judges; F. G. Jacobs,
legislation from allowing recovery of unduly paid Advocate General; H. von Holstein, Deputy Registrar, has
Community subsidies to be barred, on the basis of criteria given a judgment on 16 July 1998, in which it has ruled:
such as loss of the enrichment, where:

1. national rules providing for exhaustion of trade-mark
Ð the recipient of the subsidy had already, at the time rights in respect of products put on the market outside
when it was granted, passed on the pecuniary the EEA under that mark by the proprietor or with its
advantage resulting from it by paying the producer the consent are contrary to Article 7(1) of first Council
target price prescribed by Community law, and Directive 89/104/EEC of 21 December 1988 to
approximate the laws of the Member States relating to
trade marks, as amended by the Agreement on the
Ð any right or recourse against his suppliers is worthless. European Economic Area of 2 May 1992;