# C_2013055EN.01000501.xml

| 23.2.2013 | EN | Official Journal of the European Union | C 55/5 |
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23.2.2013

EN

Official Journal of the European Union

C 55/5

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Request for a preliminary ruling from the Riigikohus (Estonia) lodged on 12 December 2012 — Sintax Trading OÜ v Maksu- ja Tolliameti Põhja maksu- ja tollikeskus

(Case C-583/12)

2013/C 55/07

Language of the case: Estonian

Referring court

Referring court

Riigikohus

Parties to the main proceedings

Parties to the main proceedings

Applicant: Sintax Trading OÜ

Applicant:

Defendant: Maksu- ja Tolliameti Põhja maksu- ja tollikeskus

Defendant:

Third party: OÜ Acerra

Third party:

Questions referred

Questions referred

| 1. | May the ‘proceedings ... to determine whether an intellectual property right has been infringed’ referred to in Article 13(1) of Regulation No 1383/2003 (1) also be conducted within the customs department or must ‘the authority competent to decide on the case’ dealt with in Chapter III of the regulation be separate from the customs? |
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1.

May the ‘proceedings ... to determine whether an intellectual property right has been infringed’ referred to in Article 13(1) of Regulation No 1383/2003 (1) also be conducted within the customs department or must ‘the authority competent to decide on the case’ dealt with in Chapter III of the regulation be separate from the customs?

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| 2. | Recital 2 in the preamble to Regulation No 1383/2003 mentions as one of the objectives of the regulation the protection of consumers, and according to recital 3 in the preamble a procedure should be set up to enable the customs authorities to enforce as effectively as possible the prohibition of the introduction into the Community customs territory of goods infringing an intellectual property right, without impeding the freedom of legitimate trade in accordance with recital 2 in the preamble to the regulation and recital 1 in the preamble to implementing regulation No 1891/2004. (2) Is it compatible with those objectives if the measures laid down in Article 17 of Regulation No 1383/2003 can be applied only if the right-holder initiates the procedure mentioned in Article 13(1) of the regulation for determination of an infringement of an intellectual property right, or must it also be possible, for the effective pursuit of those objectives, for the customs authorities to initiate the corresponding procedure? |
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2.

Recital 2 in the preamble to Regulation No 1383/2003 mentions as one of the objectives of the regulation the protection of consumers, and according to recital 3 in the preamble a procedure should be set up to enable the customs authorities to enforce as effectively as possible the prohibition of the introduction into the Community customs territory of goods infringing an intellectual property right, without impeding the freedom of legitimate trade in accordance with recital 2 in the preamble to the regulation and recital 1 in the preamble to implementing regulation No 1891/2004. (2) Is it compatible with those objectives if the measures laid down in Article 17 of Regulation No 1383/2003 can be applied only if the right-holder initiates the procedure mentioned in Article 13(1) of the regulation for determination of an infringement of an intellectual property right, or must it also be possible, for the effective pursuit of those objectives, for the customs authorities to initiate the corresponding procedure?

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(1)  Council Regulation (EC) No 1383/2003 of 22 July 2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights (OJ 2003 L 196, p. 7).

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(2)  Commission Regulation (EC) No 1891/2004 of 21 October 2004 laying down provisions for the implementation of Council Regulation (EC) No 1383/2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights (OJ 2004 L 328, p. 16).

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