In Oracle v M-Tech [2010] EWCA Civ 997, the Court of Appeal held, handing down judgment on 24th August 2010 that in a trade mark infringement case involving importation of Sun branded computer hardware from outside the EEA that M Tech was entitled to argue that Arts.28 to 30 and Arts. 81 of the EC Treaty (now Arts. 34 -36 and Art.101 of the TFEU) prevented Oracle from obtaining summary judgment for trade mark infringement.
