10Before considering those questions, it should be mentioned that it has been argued before the Court that the national legislation in question should be assessed in the light not of Article 36 of the Treaty but of Article 7 of the First Council Directive (89/104/EEC) of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1; hereinafter ‘the directive’). That directive was to be transposed into national law not later than 31 December 1992, the time-limit fixed by Council Decision 92/10/EEC of 19 December 1991 postponing the date on which the national provisions applying Directive 89/104/EEC to approximate the laws of the Member States relating to trade marks are to be put into effect (OJ 1992 L 6, p. 35).
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