Two more cases have been referred to the European Court of Justice for preliminary rulings. They are

* Case C-324/08 Makro Zelfbedieningsgroothandel e.a. and others v Diesel S.p.a., where the Court was asked to rule on two questions:

"In the case where goods bearing a trade mark proprietor`s mark have previously been placed on the market within the EEA, but not by him or with his express consent, must the same criteria be applied in determining whether this has occurred with the (implicit) consent of the trade mark proprietor, within the meaning of Article 7(1) of ... Council Directive 89/104 ... as are applied in the case where such goods have previously been placed on the market outside the EEA by the trade mark proprietor or with his consent?

If the answer to Question 1 is in the negative, what criteria – whether or not derived (in part) from the judgment of the Court of Justice in case C-9/93 IHT and Danzinger v Ideal-Standard and Wabco Standard [1994] ECR I-2789, as referred to – must be applied in the first case referred to in that question in order to determine whether the trade mark proprietor has given (implicit) consent within the meaning of Directive 89/104/EEC?"

"The referring court asks whether the term “Community trade mark” in Article 5(4) covers marks with international registrations within the meaning of Article 146 e seq. of Council Regulation 40/94 on the Community trade mark?"