An action brought in accordance with Regulation (EU) 608/2013 of 12 June 2013 by the trade mark proprietor on the basis of the provisions of Article L. 713-3-2 shall be inadmissible if, in the course of the proceedings to determine whether the registered trade mark has been infringed, the declarant or holder of the goods provides evidence that the registered trade mark proprietor does not have the right to prohibit the placing on the market of the goods in the country of final destination.