Press Release: Advocate General’s Opinion in Case C-291/16. Schweppes SA v Red Paralela SL and Red Paralela BCN SL

Advocate General Mengozzi defines the criteria that determine whether Schweppes SA, the Spanish subsidiary of the Orangina Schweppes Group, can oppose the importation into and/or marketing in Spain of Schweppes goods coming from the United Kingdom, where that mark is owned by Coca-Cola.

According to the Advocate General, EU law precludes reliance on an exclusive right if, given the economic links between their respective proprietors, it is clear that the marks are under unitary control and that Schweppes has the possibility of determining directly or indirectly the goods to which the mark ‘Schweppes’ in the United Kingdom may be affixed and of controlling the quality of those goods.