The real story of a fiction: transit after Montex under Regulation (EC) 1383/2003

摘要

Legal context The reconciliation of the principle of freedom of transit, enshrined in the GATT Agreement, with the need to safeguard IP rights has become an increasingly complex issue since the judgment of the CJEU in Case C-281/05, Montex v Diesel. Over the last years, the question of whether Regulation 1383/2003 adequately addresses this relationship is fiercely debated before the national courts.