C- 446/09

Koninklijke Philips Electronics N.V. v Lucheng Meijing Industrial Company Ltd, Far East Sourcing Ltd, Röhlig Hing Kong Ltd and Rohlig Belgium N.V.

This case raises the following question which has been sent to the Court of Justice for a Preliminary ruling:

Does Article 6(2)(b) of Council Regulation (EC) No 3295/94 of 22 December 1994 (the old Customs Regulation) constitute a uniform rule of Community law which must be taken into account by the court of the Member State which, in accordance with Article 7 of the Regulation, has been approached by the holder of an intellectual-property right, and does that rule imply that, in making its decision, the court may not take into account the temporary storage status/transit status and must apply the fiction that the goods were manufactured in that same Member State, and must then decide, by applying the law of that Member State, whether those goods infringe the intellectual- property right in question?