Acte Clair is the term for when a national court considers that the answer to a question of Community law is so clear that it declines to make a reference to the European Court of Justice. There are however not many occasions when a national court does declare an Acte Clair, and this page of our website aims to let you the latest questions which have been referred to the ECJ for determination:

On 20 October 2009, the English Court of Appeal referred Budejovicky Budvar Narodni Podnik v Anheuser-Busch Inc [2009] EWCA Civ 1022 to the ECJ a number of questions regarding the meaning of “acquiesced”.

These questions include:

  • If "acquiesced" is a community law concept can the proprietor of a trade mark be held to have acquiesced in a long and well- established honest use of an identical mark by another when he has long known of that use but has been unable to prevent it?
  • When does the period of “five successive years” commence and in particular, can it commence (and if so can it expire) before the proprietor of the earlier trade mark obtains actual registration of his mark?