Judgment;Summary — ECLI:EU:C:2023:462
Date: 2023-06-08
Language of the case: Polish
Court formation: Tenth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Reference for a preliminary ruling
Origin: Poland

summary, therefore: 
• the material scope of the counterclaim before the referring court is broader 
than that of a counterclaim which would be connected with the main claim 
within the meaning of the relevant provisions of national procedural law; 
• in view of the nature of the counterclaim as a means of defence, as well as 
EUIPO’s competence to declare an EU trade mark invalid, it appears 
REQUEST FOR A PRELIMINARY RULING OF 7. 10. 2021 – CASE C-654/21 
 
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Anonymised version 
reasonable that the court should examine the counterclaim within the limits 
set by its connection with the main claim. That connection is determined by 
the claims set out in the main statement of claim and in the statement of 
counterclaim and, consequently, by the facts to be established in order to 
rule on the main claim and on the counterclaim; 
• the above appears to be in line with the principle of procedural autonomy 
and also appears not to infringe the principles of effectiveness and 
equivalence. 
24 The aforementioned doubts led the court to examine the counterclaim only in part 
(to the extent that there was a connection between the main claim and the 
counterclaim within the meaning of national procedural law). The court has stayed 
the proceedings as to the remainder.