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References to the European Court of Justice

2012

Read down the first column to find the case number and across a row for the parties and legislation involved, details on the pre-hearing and information on the hearing outcome.
Case and subject Parties Legislation Pre-hearing Hearing and after
C-617/12 External Link
(Patents)
A request for a preliminary ruling in a case which concerns a dispute over the duration of a Supplementary Protection Certificate (SPC) and seeks clarity in the interpretation of European Parliament and Council Regulation 469/2009/EC

Questions refered to the Court of Justice of the European Union
ASTRAZENECA AB European Parliament and Council Regulation 469/2009/EC

Article 13(1) of Regulation 469/2009/EC

Article 2 of Regulation 469/2009

Regulation 746/2004/EC

Directive 2001/93/EC

Directive 2001/83/EC
Comments by 28 February 2013

Deadline for observations by 25 April 2013
 
C-608/12 P External Link
(Trade Marks)
Appeal against the judgment in Case T-333/11 Nicolas Wessang v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
GREINWALD GMBH v OHIM Article 7(1)(b) and (c) of the Community trade mark regulation (CTMR) Comments by 15 March 2013

Deadline for observations by 12 April 2013
 
C-597/12 P External Link
(Trade Marks)
An appeal to the Court of Justice against the judgment in case T-366/11. The case concerns an application for a Community Trade Mark for the mark Zebexir which was opposed on the grounds of phonetic and visual similarity.
ISDIN, SA v OHIM Article 76(1) CTMR

Regulation 40/94

Article 8(l)(b) CTMR
Comments by 5 April 2013

Deadline for observations by 03 May 2013
 
C-584/12 P External Link
(Trade Marks)
Appeal to the Court of Justice against the judgment of the General Court in case T-357/09
EL CORTES INGLES S.A. Article 8(1) of Regulation No 40/94

Article 8(5) of Regulation No 207/2009
Comments by 15 March 2013

Deadline for observations by 12 April 2013
 
C-583/12 External Link
This preliminary reference from the from the Estonian Supreme Court concerns an alleged infringement of intellectual property rights and which body is competent to determine this when goods are detained on this basis on arrival in the EU. It arises from a challenge brought by Sintax Trading against a decision of the Estonian Tax and Customs Office to detain their goods imported from the Ukraine on the basis that they infringed a similar bottle design already registered in Estonia.

Questions referred to the Court of Justice of the European Union
SINTAX TRADING Council Regulation 1383/2003 and Commission Regulation 1891/2004 Comments by 19 February 2013

Deadline for observations by 16 April 2013
 
C-582/12 P External Link
(Trade Marks)
Appeal to the Court of Justice against the judgment of the General Court in case T-373/09
EL CORTE INGLES S.A. Article 8(5) of Regulation No 40/94 Comments by 15 March 2013

Deadline for observations by 12 April 2013
 
C-578/12 P External Link
Appeal brought on 6 December 2012 by El Corte Inglés, SA against the judgment of the General Court delivered on 27 September 2012 in Case T-39/10: El Corte Inglés, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) concerning likelihood of confusion between trade marks.
El Corte Inglés, SA v OHIM Council Regulation (EC) No 207/2009 on the Community trade mark Comments by 1 March 2013

Deadline for UK observations 26 March 2013
 
C-558/12 P External Link
(Trade Marks)
An appeal to the Court of Justice against the judgment of the General Court (First Chamber) in case T-278/10.
OHIM v Wesergold Getrankeindustrie GmbH Article 8(1) (b) of Regulation No 207/2009 and Article 76(1) in conjunction with Article 64(1) of the Regulation Comments by 14 February 2013

Deadline for observations by 12 March 2013
 
C-530/12 P External Link
(Trade Marks)
An appeal brought by OHIM against the judgment of the General Court (Seventh Chamber) in case T-404/10 National Lottery Commission v OHIM on the grounds of the violation of Article 76(1) CTMR, the breach of OHIM’s right to be heard, and the manifest inconsistency and distortion of facts affecting the Judgment under Appeal.
OHIM v NATIONAL LOTTERY COMMISSION Article 76(1) CTMR, Article 53(2) CTMR and Rule 37 CTMIR Comments by 8 February 2013

Deadline for observations by 8 March 2013
 
C-524/12 P External Link
(Trade Marks)
This is an appeal against the judgment in case T220/11 Team Bank v OHIM where the General Court found that there would be a  likelihood of confusion between a figurative sign containing the word element 'f@ir Credit' and an earlier international figurative mark containing the word element 'FERCREDIT'
TEAMBANK AG NURNBERG Article 8(1)(b) of Council Regulation (EC) No 207/2009 Comments by 25 January 2013

Deadline for observations by 22 February 2013
 
C-484/12 External Link
A request for a preliminary ruling concerning the supplementary protection certificate (SPC) for medicinal products and surrender of such

Questions referred to the Court of Justice of the European Union
Georgetown University v Octrooicentrum Nederland Article 3 of Regulation (EC) No 469/2009 concerning the supplementary protection certificate for medicinal products Comments by 10 January 2013

Deadline for observations by 23 February 2013
 
C-422/12 P External Link
(Trade Marks)
An appeal to the Court of Justice against the judgment of the General Court in case T-135/11 in case concerning the word mark "CLORALEX"
INDUSTRIAS ALEN SA DE CV v THE CLOROX COMPANY AND OHIM Article 8(1)(b) of Regulation 40/94 on the community trade mark Comments by 21 December 2012

Deadline for observations by 18 January 2013
 
C-493/12 External Link
(Patents)
Request for a preliminary ruling in a case concerning a Supplementary Protection Certificate (SPC)

Questions referred to the Court of Justice of the European Union
ELI LILLY & CO Article 3(a) of Regulation 469/2009/EC Comments by 17 December 2012

Deadline for observations by 14 February 2013
 
C-479/12
(Designs)
Request for a preliminary ruling concerning the interpretation of provisions of Council Regulation (EC) No 6/2002 on Community designs and the circumstances in which an unregistered community design can be protected

Questions referred to the Court of Justice of the European Union
GAUTZSCH GROBHANDEL Council Regulation (EC) No 6/2002 on Community designs. Articles 11(2), 19(2) and 89(1)(d) of the Regulation.

Regulation 564/2007 on the law applicable to non-contractual obligations, Directive 2004/48/EC on the enforcement of intellectual property rights and Regulation 207/2009 on the Community Trademark.
Comments by 14 December 2012

Deadline for observations by 13 February 2013
 
C-477/12 External Link
The satisfaction of the requirement for a marketing authorisation in article 3(1)(b) of Regulation 1610/96 concerning the creation of a supplementary protection certificate for plant protection products.

Questions referred to the Court of Justice of the European Union
Hogan Lovells International LLP v Bayer Cropscience KK. Article 3(1)(b) of Regulation 1610/96 concerning the creation of a supplementary protection certificate for plant protection products. This case has been stayed pending the judgment in case C-210/12 - Sumitomo Chemical (see below).  
C-463/12 External Link
Concerning the use, function, sale and distribution of memory cards in mobile phones and the compatibility, with Article 5 of the Directive 2001/29/EC, of national legislation which guarantees compensation for the right holders of reproductions made using a number of different sources and held on those cards.

Questions referred to the Court of Justice of the European Union
Copydan Båndkopi v Nokia Danmark A/S 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
14 December 2012


Deadline for observations by 13 February 2013.

 
C-466/12 External Link
(Copyright)
Request for a preliminary ruling from a Swedish court regarding the infringement of exclusive rights to make copyright protected work publicly available by a third party subscription search engine

Questions referred to the Court of Justice of the European Union
SVENSSON E.A. Article 3(1) of Directive 29/2001/EC Comments by 3 December 2012

Deadline for observations by 31 January 2013
 
C-443/12 External Link
(Patents)
Request for a preliminary ruling asking whether, in a situation in which multiple products are protected by a basic patent in force, the Regulation precludes the proprietor of the patent from being issued with a certificate for each of the products protected.

Questions referred to the Court of Justice of the European Union
ACTAVIS GROUP et ACTIVAS Article 3(a) of Council Regulation 469/2009

Comments by 16 November 2012

Deadline for observations by 16 January 2013

 
C-435/12 External Link
(Copyright)
A request for a preliminary ruling in a case concerning the compatibility with national law and the Copyright Directive if the three stage test does not permit copying from illegal sources

Questions referred to the Court of Justice of the European Union
ACI ADAM E.A. Article 5(2)(b) and 5(5) of Directive 2001/29/EC

Comments by 09 November 2012
Deadline for observations by 09 January 2013

 

C-432/12 P External Link
(Trade Marks)
An appeal in relation to the General Court's decision in Case T-334/10 based on the issue of genuine use and the misapplication of the general principles for assessing the likelihood of trade mark confusion

LEIFHEIT AG v OHIM Article 63(1) and Article 64(1) of Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark and Article 8(1)(b) of Council Regulation (EC) No 207/2009 on the Community trade mark

Comments by 30 November 2012

Deadline for observations by 27 December 2012

 
C-410/12 P External Link
(Trade Marks)
Regarding an appeal to the Court of Justice against the judgment in case T-470/09, which concerns the registration of the word sign ‘Medi’ as a Community trade mark.
MEDI GMBH & CO. KG v OHIM Article 7(1)(b) of the Community trade mark Comments by 09 November 2012

Deadline for observations by 07 December 2012
 
C-409/12 External Link
Request for a preliminary ruling from an Austrian Court to determine whether a trade mark shall be liable to revocation if after the date on which it was registered it has become the common name in the trade for a product or service.

Question referred to the Court of Justice of the European Union
Backaldrin Osterreich The Kornspitz Company Article 12(2)(a) of Directive 2008/95/EC Comments by 22 October 2012

Deadline for observations by 20 December 2012
 
C-393/12 P External Link
(Trade Marks)
An appeal against the judgment in case T-534/10 as the General Court dismissed the application for registration of the trademark 'Hellim'
Organismo Kypriakis Galaktokomikis v OHIM Article 8(1) of Regulation 207/2009 on the Community Trademark and Article 66 of that Regulation Comments by 23 November 2012

Deadline for observations by 20 December 2012
 
C-392/12 P External Link
(Trade Marks)
This case concerns an appeal against the judgment in case T-514/10.
FRUIT OF THE LOOM INC v OHIM Article 15(1)(a) of Regulation No 207/2009 on the community trade mark Comments by 30 November 2012

Deadline for observations by 27 December 2012
 
C-387/12 External Link
(Copyright)
Request for a preliminary ruling in a case concerning copyright infringement of photographs. The referring court asks whether a court has jurisdiction to adjudicate both on copyright infringement in its territory and also on any contributing act which took place in another member state carried out by a party which assisted in the tort or delict in issue.

Questions referred to the Court of Justice of the European Union
HI HOTEL HCF Article 5(3) of Regulation 44/2001 Comments by 4 October 2012

Deadline for observations by 5 December 2012
 
C-383/12 P External Link
(Trade Marks)

An appeal in relation to the General Court's judgment in T-570/10. This is regarding opposition proceedings between Société Elmar Wolf and Environmental Manufacturing LLP (Case R 425/2010-2) since the intervener had not shown that the earlier trade marks have been put to genuine use
Environmental Manufacturing LLP v OHIM Article 42(2) and (3) and Article 8(5) of Regulation 207/2009 on the Community trade mark Comments by 14 November 2012

Deadline for observations by 07 December 2012
 
C-379/12 P External Link
An appeal against the judgment of the General Court in case T-557/10 on the grounds that the General Court failed to recognise graphic, phonetic and conceptual similarity between 'H SILVIAN HEACH' and 'H.EICH'
H.EICH v OHIM Council Regulation (EC) No 40/94, in particular Article 8(1)(b)' Comments by 19 October 2012

Deadline for observations by 16 December 2012
 
C-360/12 External Link
A referral from Bundesgerichtshof (Germany) concerning jurisdictional issues related to trademark infringement, unlawful advertising & unfair imitation.

Questions referred to the Court of Justice of the European Union
Coty Prestige Lancaster Group GmbH v First Note Perfumes N.V. Interpretation of Article 93(5) of Council Regulation (EC) No40/94 and the interpretation of Article 5(3) of Council Regulation (EC) No 44/2001 of December 2000. Comments by 27 September 2012.

Deadline for observations by 21 November 2012.
 
C-357/12 P External Link
(Trademarks)
An appeal to the Court of Justice against the judgment in case T-580/10 where the General Court refused the registration by the appellant of the mark 'Kindertraum' for goods in Classes 16 and 28
Harald Wohlfahrt v OHIM Article 42(2) of Regulation No 207/2009, Article 75(1) of Regulation No 207/2009 and Article 8(1)(b) of Regulation No 207/2009 Comments by 10 October 2012

Deadline for observations by 1 November 2012
 
C-355/12 External Link
(Copyright)
Request for a preliminary ruling regarding specifically designed devices created to circumvent protection systems and permit the use of illegal copies of video games.

Questions referred to the Court of Justice of the European Union
Nintendo e.a. Article 6 of Directive 2001/29/EC (protection against the circumvention of any effective technological measures) Comments by 19 September 2012

Deadline for observations by 15 November 2012
 
C-354/12 P External Link
(Trademarks)
An appeal to the Court of Justice against the judgment in case T-110/11.
ASA SP Z O.O v GENERAL COURT Article 8(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009 and Article 9 of the Treaty on European Union Comments by 12 October 2012

Deadline for observations by 08 November 2012
 
C-351/12 External Link
A Czech reference for a preliminary ruling on the interpretation of legislation on copyright exceptions and collecting societies.

Questions referred to the Court of Justice of the European Union
OSA

(Referring Court: Krajský soud v Plzni)
Articles 3 and 5 of Directive 2001/29/EC concerning the harmonisation of certain aspects of copyright and related rights in the information society. Comments by 17 September 2012

Deadline for observations by 15 November 2012
 
C-346/12 P External Link
an appeal against the judgment of the General Court in case T-546/10 Nordmilch v OHIM – LACTIMILK (MILRAM) on the grounds of a wrongly found similarity between the trade mark applied for by the appellant and the trade marks of Lactimilk SA
DMK DEUTSCHES MILCHKONTOR (ANCIENNEMENT NORDMILCH) v OHIM Article 8(1) (b) of Regulation No 40/94. Comments by 3 October 2012

Deadline for observations by 1 November 2012
 
C-341/12 P External Link
(Trademarks)
An appeal against the judgment of the General Court in case T-101/11 on the grounds of the Courts assessment of the scope of protection and the distinctiveness of an existing figurative mark.
Mizuno v OHIM Trademark Law Comments by 05 October 2012

Deadline for observations by 01 November 2012
 
C-337/12 P External Link, C-338/12 P External Link,
C-339/12 P External Link, C-340/12 P External Link
(Trademarks)
These cases are appeals to the Court of Justice against the judgment of the General Court in case T-331/10 on the grounds of infringement or incorrect application of Article 7(1)(e)(iii) CTMR
PI-DESIGN AG, BODUM FRANCE & BODUM LOGISTICS & OTHERS v OHIM Article 7(1)(e)(iii) of the Community trade mark Comments by
11 October 2012

Deadline for observations by
8 November 2012
 
C-314/12 External Link
An Austrian reference for a preliminary ruling concerning a dispute over the availability of protected films via the internet.

Questions referred to the Court of Justice of the European Union
UPC TELEKABEL WEIN Articles 8(3) and 5(2)(B) of Directive 2001/29 on the harmonisation of certain aspects of copyright and related rights in the information society (the “Directive”) Comments by 07 September 2012

Deadline for observations by 10 October 2012
 
C-299/12 External Link
Request for a preliminary ruling regarding a claim which the appellant made on the packaging of its product that it helps “to reduce a risk factor in the development of osteoporosis and fractures”. The Czech food inspection authority ('the defendant') considers that the appellant has made unauthorised health claims.

Questions referred to the Court of Justice of the European Union
Green - Swan Pharmaceuticals CR Article 2(2) (6) of Regulation 1924/2006 on nutrition and health and Article 28(2) of the Regulation Comments by 1 August 2012

Deadline for observations by 28 September 2012
 
C-294/12 P External Link
An appeal against the judgment in case T-369/10 based on the General Court’s findings with regards to the degree of closeness or similarity between the goods and services and the distinctiveness of earlier marks
You-Q BV v OHIM Article 8 (5) of Regulation No 207/2009 Comments by 17 October 2012

Deadline for observations by 16 November 2012
 
C-268/12 P External Link
An appeal to annul the judgment in case T-288/08 concerning an application for the registration of a community trademark.
Cadila Healthcare Ltd v OHIM Article 113 of the Rules of Procedure and Article 47(3) CTMR Comments by 10 September 2012

Deadline for observations by 05 October 2012
 
C-266/12 P External Link
An appeal against the judgment in Case T-227/09 regarding the rejection of an application for a Trade Mark on the grounds of bad faith.
Majtczak v Feng Shen Technology Co Ltd and OHIM article 52(1)(b) of Council Regulation 40/94 on the Community trade mark Comments by 7 September 2012

Deadline for observations by 05 October 2012
 
C-252/12
Request for a preliminary ruling in which Specsavers alleged that 6 of its Community Trade Marks had been infringed by Asda.
Specsavers International Healthcare E.A. Articles 9(1)(b), 9(1)(c), 15 and 51 of the CMT Regulation Comments by 18 July 2012

Deadline for observations by 14 September 2012
 
C-233/12
The transfer of pension contributions credited from one Member State to the pension scheme of an international body situated in the territory of another Member State.
Gardella Articles 20 and 45 TFEU and Article 15(2) of the Charter of Fundamental Rights Comments by 12 July 2012

Deadline for observations by 7 September 2012
 
C-210/12
Reference from the German Federal Patent Court regarding the creation of a Supplementary Protection Certificate for plant protection products.
Sumitomo Chemical Article 3(1) (b) and 7(1) of Regulation 1610/96 Comments by
27 June 2012

Deadline for observations by
23 August 2012
 
C-202/12
Reference to the CJEU for a preliminary ruling on the interpretation of copyright legislation concerning the legal protection of databases and the extraction and/or re-utilisation of contents.
Innoweb Article 7(1) and (5) of Directive 96/9/EC Comments by
29 June 2012

Deadline for observations by
25 August 2012
 
C-171/12 P External Link
An appeal of the judgment on 1st February 2012 in the case T-291/09 (concerning Gambettola the application for a community trade mark) on the grounds of an infringement of European Union law.
CARROLS v OHIM Article 52(1) (b) of Regulation No 207/2009 Comments by
02 July 2012

Deadline for observations by
26 July 2012
 
C-170/12
Identification of the courts with jurisdiction in relation to an alleged cross-border copyright infringement.
Pinckney Article 5(3) of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments ('the Brussels I Regulation') Comments by
8 June 2012

Deadline for observations
27 July 2012
 
C-137/12 External Link
Annulment of the Councils decision regarding the signing of the European Convention on the legal protection of services on behalf of the Union.
European Commission v Council of the European Union Article 207(4) TFEU and Article 2(1) and 3(1) and (2) TFEU Comments by
20 June 2012

Deadline for observations by
17 July 2012
 
C-122/12 P External Link
Request for annulment of the decision on the grounds that the General Court wrongly interpreted Article 74(2) of Council Regulation (EC) and on the ground of misuse of power.
Bernhard Rintish v OHIM Article 74(2) of the Community Trade Mark Regulation Comments by
25 June 2012

Deadline for observations
19 July 2012
 
C-121/12 P External Link
Request for annulment of the decision on the grounds that the General Court wrongly interpreted Article 74(2) of Council Regulation (EC) and on the ground of misuse of power.
Bernhard Rintish v OHIM Article 74(2) of the Community Trade Mark Regulation Comments by
25 June 2012

Deadline for observations
19 July 2012
 
C-97/12 P External Link
An appeal against the judgment of the General Court as it dismissed the appeal against the decision of the First Board of Appeal concerning invalidity proceedings.
Vuitton Malletier v OHIM Article 7(l)(b) of the Community Trade Mark Regulation Comments by
12 May 2012

Deadline to intervene
7 June 2012
 
C-65/12
Whether article 5(2) of the Trade Mark Directive is to be interpreted as meaning that there is "due cause" where the sign that is identical or similar to the trade mark with a reputation was already being used in good faith by the third party concerned before that mark was filed.
Leidseplein Beheer B.V and Hendrikus Jacobus Marinus De Vries v Red Bull GmbH and Red Bull Nederland B.V. Article 5(2) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks Comments by
26 March 2012

Deadline for observations
24 May 2012
 
C-42/12 External Link
An appeal against the judgment of the General Court. The grounds for appeal are that the General Court did not examine the marks at issue on the basis of the criteria of ‘global assessment’ or ‘overall impression’.
Václav Hrbek v OHIM, Outdoor Group Ltd (The) Article 65(2) and Article 8(1)(b) of Regulation No 207/2009 of 26 February 2009 on the Community trade mark Comments by
13 April 2012

Deadline for observations
10 May 2012
 
C-41/12 External Link
An appeal against the judgment of the General Court concerning the appellant’s views that the General Court failed to take account of all the factual background and circumstances of the proceedings, resulting in the Judgment under appeal being based on incomplete facts.
Monster Cable Products, Inc v OHIM, Live Nation Music Limited Article 8(1)(b) of Regulation No.40/94 on the Community trade mark Comments by
23 March 2012

Deadline for observations
20 April 2012
 
C-21/12 External Link
An appeal against the judgment of the General Court for four separate reasons including infringement of Article 7(1) (b) of the regulation due to lack of distinctive character.
Abbott Laboratories v OHIM Article 7(1)(c), Article 7(1)(b) and Article 75 of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark Comments by
13 April 2012

Deadline for observations
10 May 2012
 
C-14/12 External Link
An appeal against the judgment of the General Court concerning the likelihood of confusion with earlier registered marks
Sheilesh Shah, Akhil Shah v OHIM, Three-N-Products Private Ltd Article 8(1)(b) of Council Regulation (EC) No 207/2009 on the Community trade mark Comments by
22 March 2012

Deadline for observations
20 April 2012
 
C-12/12
Whether Article 15(1) of the regulation is to be interpreted as meaning that a trade mark which is part of a composite mark and has become distinctive only as a result of the use of the composite mark can be used to preserve the rights attached to it if the composite mark alone is used.
Colloseum Holding AG v Levi Strauss & Co. Article 15(1) and 7(3) of Council Regulation (EC) No. 40/94 of 20 December 1993 on the Community Trade Marks Comments by
24 February 2012

Deadline for observations
23 April 2012