HP Bulmer Ltd & Anor v. J. Bollinger SA & Ors [1974] EWCA Civ 14 (22 May 1974)

HP Bulmer Ltd & Anor v. J. Bollinger SA & Ors [1974] EWCA Civ 14 (22 May 1974)

It was not necessary at this stage to refer the questions to the European Court because the case could be decided on English law and the facts had not yet been determined; the trial judge's discretion to refuse a reference was properly exercised.

Citation
[1974] EWCA Civ 14
Parties
Plaintiff Respondent: H. P. Bulmer Limited; Plaintiff Respondent: Showerings Limited; Appellant Defendant: J. Bollinger S.A.; Appellant Defendant: Champagne Lanson pere et fils
Jurisdiction
England and Wales
Judgment Date
22 May 1974
Procedural Posture
Appeal / Appeal From First Instance Judgment Refusing to Refer Questions to the European Court of Justice
Outcome
Appeal dismissed
Legal Topics
Preliminary References Under Article 177 EEC Treaty, Passing Off, Interpretation of Community Law, Discretion to Refer to European Court, Use of Geographical Indications
European Union Law Intellectual Property Law Civil Procedure Preliminary References Under Article 177 EEC Treaty Passing Off Interpretation of Community Law Discretion to Refer to European Court Use of Geographical Indications

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 20 Party arguments 2
Sign in to unlock

Parties

H. P. Bulmer Limited

Plaintiff Respondent

Showerings Limited

Plaintiff Respondent

J. Bollinger S.A.

Appellant Defendant

Champagne Lanson pere et fils

Appellant Defendant

Procedural Posture

Appeal / Appeal From First Instance Judgment Refusing to Refer Questions to the European Court of Justice

Legal Issues

  1. 1 Whether the use of 'Champagne' for beverages other than French Champagne contravenes European Community law
  2. 2 Whether the national court should refer questions of Community law interpretation to the European Court of Justice at this stage

Ratio Decidendi

It was not necessary at this stage to refer the questions to the European Court because the case could be decided on English law and the facts had not yet been determined; the trial judge's discretion to refuse a reference was properly exercised.

Court Disposition

Appeal dismissed

Orders

  • Refusal to refer questions to the European Court of Justice upheld
  • Leave to appeal to the House of Lords refused