The Court of Justice has addressed the issue of joint exploitation of a trademark by decision of 19 September 2013, issued in the case C-661/11, related to the request for a preliminary ruling filed by the Belgian Cour de Cassation, in the proceedings between the Belgian company Martin Y Paz Diffusion SA, on one side, and David Depuydt and Fabriek van Maroquinerie Gauquie NV, on the other side, concerning the use of the trademarks owned by Martin Y Paz Diffusion SA. The request concerned the interpretation of artt. 5, par. 1, and 8, par. 1, of Directive 89/104/EEC of 21 December 1988 (subsequently repealed by Directive 2008/95/EEC, but due to the date when the facts at stake took place, the main proceedings were ruled by the first one). In particular, art. 5, par. 1, stated that “The registered trademark shall confer on the proprietor exclusive rights therein. The proprietor shall be entitled to prevent all third parties not having his consent from using in the course of trade: a) any sign which is identical with the trademark in relation to goods or services which are identical with those for which the trademark is registered [...]”. The Belgian Court asked whether said provision precludes a proprietor of trade marks which, in a situation where there has been use shared with a third party, had consented to the use by that third party of signs which are identical to its marks in respect of certain goods in classes for which those marks are registered, and which no longer consents to that use, from being deprived of any possibility of asserting the exclusive right conferred upon it by those marks against that third party and of itself exercising that exclusive right in respect of goods which are identical to those of that third party. The Court has replied stating that Art. 5 of Directive 89/104/EEC precludes a proprietor of trade marks in the above situation from being deprived of the possibility of asserting its exclusive right against that third party and of exercising that exclusive right in respect of goods which are identical to those of that third party".