EU custom enforcement: the ECJ on the seizure of infringing goods sold by non-EU websites

On 7 February 2014, the European Court of Justice (Case 98-13) issued a ruling pertaining to the interpretation of Council Regulation (EC) no. 1383/2003.

In the underlying case, a Danish citizen, Mr Blomqvist, purchased on a Chinese online shop one counterfeit Rolex watch, allegedly for personal use. Following the seizure of the item by the Danish customs authority, Rolex sought Blomqvist’s consent to the destruction of the same. Blomqvist opposed such request and denied any infringement, on the claim that he bought the watch for personal use from a non-EU website that was not targeting the EU market…

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