An application to refer questions to the European Court of Justice for a preliminary ruling has just been refused today by the Vice-Chancellor, Sir Andrew Morritt, in O2 Holdings Ltd and another v Hutchison 3G UK Ltd  EWHC 344 (Ch).
The IPKat doesn't have a transcript to hand, but will blog this in full as soon as he can. The bottom line is that, since the defendant in trade mark infringement proceedings won't need to argue his defence of comparative advertising if his counterclaim that the claimant's marks are invalid is successful, it would be premature to refer questions relating to that defence to the ECJ now.
STOP PRESS. Transcript now available on BAILII - but no time to read it. A full blog will follow.