References to the European Court of Justice

2010

Case and subject	Parties	Legislation	Pre-hearing	Hearing and after
List of references to the European Court of Justice made in 2010. Read down the first column to find the case number. Then read across the row to fins the parties involved, legislation involved, details of the pre-hearing and information on the hearing outcome.
C-630/10 Supplementary protection certificates (SPCs) for multi-component vaccines against multiple diseases and determining whether the product is protected by the basic patent and is subject of a valid marketing authorization	University of Queensland and CSL Ltd vs Comptroller of Patents	Article 3(a) and (b) of the Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products	Comments by 5 May 2011 Deadline for observations by UK 29 June 2011
C-616/10 In relation to Brussels 1, the relevant jurisdiction for alleged infringement of European Patent EP858440 by three companies from the Netherlands and Belgium.	Solvay S.A v Honeywell Fluorine Products Europe B.V., Honeywell Belgium N.V. and Honeywell Europe N.V.	Articles 2, 5(3), 6(1) and Article 22(4) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters	Comments by 28 February 2011 Deadline for observations by 25 April 2011
C-604/10 Whether copyright exists in the football fixtures list of the English and Scottish Leagues	Football Dataco Limited, The Football Association Premier League Limited, The Football League Limited, The Scottish Premier League Limited, The Scottish Football League and PA Sport UK Limited v Yahoo! UK Limited, Stan James (Abingdon) Limited, Stan James PLC and Enetpulse Aps	Article 3(1) of Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases	Comments by 21 February 2011 Deadline for observations by 19 April 2011
C-546/10 Appeal against the General Court decision regarding the application of using colours and absolute grounds for refusal on a Community trade mark	Hans-Peter Wilfer v OHIM	Article 7(1)(b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark	Comments by 10 February 2011 Deadline for observations by 14 March 2011
C-541/10 Appeal to the Court of Justice against a judgement of the General Court to declare a Community Trade Mark invalid	Quinta do Portal v OHIM, Vallegre Vinhos do Porto, SA	Article 8(1)(b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark & Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark	Comments by 14 March 2011 Deadline for observations by 15 March 2011
C-536/10 Appeal against the General Court decision regarding the application of a word mark and absolute grounds for refusal on a Community trade mark	MPDV Mikrolab GmbH, Mikroprozessordatenver-arbeitung und Mikroprozessorlabor v OHIM	Article (7)(b) and Article 7(1)(c) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark	Comments by 10 February 2011 Deadline for observations by 11 March 2011
C-535/10 The rejection of the application for the registration of a figurative sign due to possible confusion with an earlier word mark.	4care AG v OHIM, Laboratorios Diafarm, S.A.	Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009 on the Community trade mark.	Comments by 10 February 2011 Deadline for observations by 11 March 2011
C-532/10 Appeal against the General Court decision regarding the likelihood of confusion with a trade mark that is the symbol of the opposing mark.	adp Gauselmann GmbH v OHIM, Archer Maclean	Article 8(1)(b) of Council Regulation (EC) No 207/2009 of 26 February on the Community trade mark	Comments by 14 March 2011 Deadline for observations by 15 March 2011
C-523/10 Preliminary ruling requested from the Court of Appeal on the interpretation of "place where the harmful event occurred" in relation to the use of a keyword in a search engine.	Wintersteiger	Article 5(3) of Regulation 44/2001.	Comments by 4 January 2011 Deadline for observations by 1 March 2011
C-518/10 Preliminary ruling requested from the Court of Appeal on the correct criteria for deciding whether a product is "protected by a basic patent in force" considering indirect or contributory infringement	Yeda Research and Development Company et Aventis Holdings	Article 3(a) of the SPC Regulation (469/2009).Article 26 of the Community Patent Convention (S60(2) Patents Act 1977)	Comments by 6 January 2011 Deadline for observations by 25 February 2011
C-510/10 Whether Article 5(2)(d) of Directive 2001/29/EC applies to ephemeral recordings of works made by broadcasting organisations by means of their own facilities and for their own broadcasts	DR and TV2 Danmark A/S v NCB	Article 5(2)(d) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001on the harmonisation of certain aspects of copyright and related rights in the information society	Comments by 15 December 2010 Deadline for observations by 17 February 2011
C-488/10 The possible infringement of a Community design for a traffic signalling device and the application of prevention of use by a third party under Article 19(1)	Celaya Emparanza y Galdos Internacional Sa v Proyectos Integrales De Balizamiento Sl	Article 19(1) of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs	Comments by 29 November 2010 Deadline for observations by 28 January 2011
C-461/10 Enforcement of Intellectual Property Rights and obligation of Internet Service Providers to provide data in civil proceedings	Bonnier Audio AB, Earbooks AB, Norstedts Förlagsgrupp AB, Piratförlaget Aktiebolag and Storyside AB v Perfect Communication Sweden AB	Articles 3, 4, 5 and 11 of Directive 2006/24/EC of The European Parliament and of The Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC. Article 8 of Directive 2004/48/EC of The European Parliament and of The Council of 29 April 2004 on the enforcement of intellectual property rights	Comments by 15 November 2010 Deadline for observations by 14 January 2011
C- 447/10 Whether sufficient evidence has been provided for the use of a sign so that the sign is a bar to the appellant's Community trade mark application	Grain Millers, Inc v OHIM and Grain Millers GmbH & Co. KG	Article 8 (4) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark	Comments by 17 November 2010 Deadline for observations by 16 December 2010
C-429/10 Appeal against refusal of an application for registration of a trade mark, considering the assessment of distinctiveness, three-dimensional marks and colouration.	X Technology Swiss GmbH v OHIM	Article 7(1)(b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark	Comments by 17 November 2010 Deadline for observations by 16 December 2010
C-422/10 Can an SPC be granted for one active component (e.g., A) based on a Marketing Authorisation for a medicine which comprises this component only as part of a combination (e.g., A+B)?	Georgetown University e.a.	Article 3(b) of Regulation (EC) No 469/2009 of The European Parliament and of the Council of 6 May 2009 Concerning the supplementary protection certificate for medicinal products. Directive 2001/82/EC of The European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products	Comments by 29 October 2010. Deadline for observations by 24 December 2010
C-418/10 Likelihood of confusion between the marks or at least a likelihood of association	Herhof-Verwaltungsgesellschaft mbH v OHIM	Article 8(1)(b) and Article 65 of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark.	Comments by 3 November 2010. Deadline for observations by 3 December 2010
C-406/10 Protection of computer programme functionalities; keywords and syntax used in the execution of applications; and ideas and principles that underline the computer programme	SAS Institute Inc. v World Programming Limited	Articles 1(2) and 5(3) of Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs & Article 29a of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society	Comments by 07 October 2010. Deadline for observations by 08 December 2010	Opinion issued 29 November 2011
C-388/10 Appeal against the judgment of the General Court, considering a restriction to the list of designated goods, observation of procedural rules relating to appraisal of evidence and proof of use	Félix Muñoz Arraiza v OHIM and Consejo Regulador de la Denominación de Origen Calificada Rioja	Article 8(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark	Comments by 18 November 2010 Deadline for observations by 16 December 2010
C-370/10 Community trade mark invalidity and the reputation of the earlier trade marks	Ravensburger AG v OHIM	Article 8 (1)(b), 8(5), 76 and 77 of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark	Comments by 08 October 2010. Deadline for observations by 4 November 2010
C-369/10 Community trade mark invalidity	Ravensburger AG v OHIM	Article 52 (1)(a) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark	Comments by 08 October 2010. Deadline for observations by 4 November 2010
C-360/10 Whether a national court can impose an injunction on a web host to identify and prevent submission of certain data	Belgische Vereniging van Auteurs, Componisten en Uitgevers (SABAM) v N.V. NETLOG	Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society Directive 2004/48/EC on the enforcement of intellectual property rights Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector Article 8 (right to respect for his private and family life) and 10 (right to freedom of expression) of the European Convention on Human Rights and Fundamental Freedoms.	Comments by 7 September 2010. Deadline for observations by 5 November 2010
C-349/10 Appeal against the General Court’s interpretation of Article 59 of the Community trade mark regulation	Claro, S.A v OHIM and Telefónica, S.A.	Article 59 and 62(1) of Regulation No 40/94 on the Community trade mark	Comments by 08 September 2010. Deadline for observations by 08 October 2010
C-345/10 Publication of an application for a Community trade mark	Freixenet, SA v OHIM	Article 39 of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark	Comments by 25 October 2010. Deadline for observations by 19 November 2010
C-344/10 Publication of an application for a Community trade mark	Freixenet, SA v OHIM	Article 39 of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark	Comments by 25 October 2010. Deadline for observations by 19 November 2010
C-322/10 Supplementary protections certificates (SPCs) for multi-component vaccines against multiple diseases and determining whether the product is protected by the basic patent and is subject of a valid marketing authorization	MEDEVA BV v THE COMPTROLLER GENERAL OF PATENTS	Article 3(a) and (b) of the Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products	Comments by 27 August 2010. Deadline for observations by 25 October 2010.
C-317/10 Appeal to the Court of Justice against the General Court judgement in joined cases T-303/06 and T-337/06	Union Investment Privatfonds GmbH v UniCredito Italiano SpA and OHIM	Article 8(1)(b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark	Comments by 21 September 2010. Deadline for observations by 21 October 2010
C-308/10 Appeal to the Court of Justice in relation to case T-392/06 concerning registration of Community Trade Mark 1871896 'unibanco’.	Union Investment Privatfonds GmbH v OHIM and Unicre-Cartão International De Crédito SA	Article 74(2) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark	Comments by 21 September 2010. Deadline for observations by 21 October 2010
C-302/10 Data-capture process for use in the drawing up of summaries of selected articles in daily newspapers and periodicals	Infopaq International A/S v Danske Dagblades Forening (Danish Daily Newspaper Publishers’ Association)	Articles 2 and 5(1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society	Comments by 16 August 2010. Deadline for observations by 15 October 2010.
C-283/10 Communication of musical works to the public and collective management	Circ & Variete Globus Bucureşti v Uniunea Compozitorilor şi Muzicologilor din România - Asociaţia pentru Drepturi de Autor - U.C.M.R. - A.D.A.	Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society	Comments by 30 July 2010. Deadline for observations by 01 October 2010.
C-281/10 Appeal against the judgment of the General Court (Fifth Chamber) of 18 March 2010 in Case T-9/07: Grupo Promer Mon Graphic SA v Office for Harmonisation in the Internal Market (OHIM)	PepsiCo, Inc. v OHIM and Grupo Promer Mon Graphic SA	Article 25(1)(d) of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs	Comments by 8 September 2010. Deadline for observations by 8 October 2010
C-277/10 Exploitation rights in respect of films of reproductions, satellite broadcasting and other communications to the public	Luksan v Petrus van der Let	Directives 92/100 on rental right and lending right and on certain rights related to copyright in the field of intellectual property; Directive 93/83 on coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable; and Directive 93/98 EEC harmonizing the term of protection of copyright and certain related rights.	Comments by 23 July 2010. Deadline for observations by 23 September 2010
C-271/10 Remuneration for authors in respect of public lending rights	Cvba Vereniging van Educatieve en Wetenschappelijke Auteurs v Belgische Staat	Article 5(1) of 92/100/EC, now Article 6(1) 2006/115/EC on rental right and lending right and on certain rights related to copyright in the field of intellectual property	Comments by 23 July 2010. Deadline for observations by 20 September 2010.
C-228/10 Import into the EU of decoder cards which grant access to non-UK transmissions of European Football Association’s (UEFA) matches	Union of European Football Associations (UEFA) and British Sky Broadcasting Limited v Euroview Sport Ltd	Article 6 of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society. Directive 98/84/EC of the European Parliament and of the Council of 20 November 1998 on the legal protection of services based on, or consisting of, conditional access	Comments by 13 July 2010. Deadline for observations by 13 September 2010.
C-216/10 Likelihood of confusion pursuant to Article 8(1)(b) of the Community Trademark Regulation.	Lufthansa AirPlus Servicekarten GmbH v OHIM	Article 8(1)(b), 8(5) and 75 of the Community Trademark Regulation	Comments by 15 July 2010. Deadline for observations by 13 August 2010.
C-207/10 Indication of the repackaging company on the outer packaging of medicinal products imported in parallel	Paranova Danmark A/S, Paranova Pack A/S v Merck Sharp & Dohme Corp. (formally Merck & Co. Inc.), Merck Sharp & Dohme B.V. and Merck Sharp & Dohme	Article 7(2) of Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks	Comments by 25 June 2010. Deadline for observations by 26 August 2010.
C-198/10 Preclusion of design protection where a third party, without authorisation from the design copyright holder, already produced and marketed products based on those designs being on the public domain before the date when the national implementing legislation entered	Cassina SpA v Alivar Srl and Galliani Host Arredamenti Srl	Articles 17 and 19 of Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs	This case has been stayed pending the judgement in case C-168/09 Flos SpA v Semeraro Casa & Famiglia SpA
C-190/10 Whether hours and minutes need to be taken into account in Community trade mark filing dates	GÉNESIS SEGUROS GENERALES SOCIEDAD ANÓNIMA DE SEGUROS Y REASEGUROS v BOYS TOYS S.A. and ADMINISTRACIÓN DEL ESTADO	Article 27 of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark	Comments by 8 June 2010. Deadline for observations by 6 August 2010.
C-162/10 Whether phonogram producers should receive payment from hotels that play TV/radio in guest bedrooms	Phonographic Performance (Ireland) Limited v Ireland and the Attorney General	Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society	Comments by 27 May 2010. Deadline for observations by 22 July 2010.
C-154/10 Likelihood of confusion between two marks pursuant to Article 8(1)(b) of Regulation No 40/94	Nokia Oyj v OHIM	Article 8(1)(b) of Council Regulation (EC) No 40/941 of 20 December 1993 on the Community trade mark	Comments by 15 July 2010. Deadline for observations by 13 August 2010.
C-145/10 Judicial action against reproduction and/or distribution of photographs without author’s consent	Eva-Maria Painer v Standard Verlags GmbH, Axel Springer AG, Süddeutsche Zeitung GmbH, Spiegel-Verlag Rudolf Augstein GmbH & Co KG and Verlag M. DuMont Schauberg Expedition der Kölnischen Zeitung GmbH & Co KG	Article 6(1) of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. Articles 5(3) and 1(1) of Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society. Article 12 of the Berne Convention for the protection of literary and artistic works	Comments by 19 May 2010. Deadline for observations by 19 July 2010.
C-135/10 Whether the playing of music to patients in a dentist's waiting room entitles the producers of the recordings to payment via a collecting society.	SCF – CONSORZIO FONOGRAFICI v Marco DEL CORSO.	Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society and Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of Intellectual Property.	Comments by 7 May 2010. Deadline for observations by 8 July 2010.
C-125/10 Whether a supplementary protection certificate (SPC) for medicinal products can be granted if the period of time between filing the basic patent application and first authorisation for marketing in the Community is shorter than 5 years	Merck & Co. Inc. (USA).	Article 13 (1) of Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products	Comments by 13 May 2010. Deadline for observations by 7 July 2010.	Opinion issued 8 December 2011
C-119/10 Whether filling of packaging bearing a particular sign on a third party's instructions is to be regarded as using that sign in the course of trade and what criteria should be used to determine whether there has been a trade mark infringement.	Frisdranken Industrie Winters BV v Red Bull GmbH.	First Directive 89/104/EEC of the Council, of 21 December 1988, to Approximate the Laws of the Member States Relating to Trade Marks.	Comments by 27 April 2010. Deadline for observations by 23 June 2010.
C-92/10 Whether the General Court erred in its interpretation of the absolute ground for refusal of registration in respect of trade marks which lack of any distinctive character	Media-Saturn-Holding GmbH v OHIM	Article 7(1) (b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark.	Comments by 17 May 2010. Deadline for observations by 11 June 2010.
C-84/10 Whether the General Court committed a procedural error by not setting a time-limit for lodging a response to the defence submitted by the respondent despite the reasoned request by the appellant	Longevity Health Products, Inc v OHIM	Article 8(1)(b) of Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark	Comments by 4 May 2010. Deadline for observations by 27 May 2010.
C-70/10 Injunction to stop internet users to share music files, who have been downloading music and not paying royalties.	Scarlet Extended v Societe Belge des auteurs, compositeurs et editeurs.	Directives 2001/29 EC (harmonisation of certain aspects of copyright and related rights in the information society), 2004/48 EC (enforcement of intellectual property rights), 2000/31 EC (E-Commerce) and 2002/58 EC (processing of personal data and the protection of privacy in the electronic communications sector); and Articles 8 and 10 of the European Convention on Human Rights.	Comments by 30 March 2010. Deadline for observations by UK 26 May 2010.
C-51/10 , C-54/10 , C-55/10 , C-56/10 Whether the General Court infringed Article 7(1)(c) of the Community trade mark Regulation.	Agencja Wydawnicza Technopol sp. Z o.o v OHIM	Article 7 (1)(c) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark	Comments by 17 May 2010. Deadline for observations by 11 June 2010
C-46/10 Reuse of packaging protected as a shape trade mark and the association between the packing and its content.	Viking Gas A/S v BP Gas A/S.	First Directive 89/104/EEC of the Council, of 21 December 1988, to Approximate the Laws of the Member States Relating to Trade Marks.	Comments by 18 March 2010. Deadline for observations by UK 19 May 2010.
C-34/10 Annulment of a patent concerning processes for the production of neural precursor cells from embryonic stem cells.	Oliver Brüstle v Greenpeace e.V.	Article 6(2)(c) of Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the Legal Protection of Biotechnological Inventions.	Comments by 10 March 2010. Deadline for observations by 12 May 2010.
C-5/10 Whether the trade mark "Cannabis" is descriptive.	Torresan v OHIM.	Article 7 (1)(c) of the Trade Mark Regulation Council Regulation (EC) No 40/94 of 20 December 1993 on the Community Trade Mark.	Comments by 29 March 2010. Deadline for observations by 23 April 2010.
C-4/10 and C-27/10 Registration of a trademark containing a geographical indication and its effect on the public as to the nature, quality or geographical origin of the goods or services.	Bureau National Interprofessionnel du Cognac, Cognac, France v Oy Gust. Ranin.	Regulation (EC) No 110/2008 on the definition, description, presentation, labelling and the protection of geographical indications ofspirit drinks and Article 3 of 89/104/EEC Directive to approximate the laws of the Member States relating to trade marks.	Comments by 12 March 2010. Deadline for observations by 14 May 2010.