Order — ECLI:EU:C:2011:570
Date: 2011-09-09
Language of the case: Italian
Court formation: Sixth Chamber
Subject matter: Intellectual, industrial and commercial property;Approximation of laws;Designs
Procedure: Reference for a preliminary ruling
Origin: Italy

Reference for a preliminary ruling from the Corte d'appello di Milano (Italy) lodged on 23 April 2010 - Cassina SpA v Alivar Srl and Galliani Host Arredamenti Srl (Case C-198/10) Language of the case: Italian Referring court Corte d'appello di Milano Parties to the main proceedings Applicant: Cassina SpA Defendant: Alivar Srl and Galliani Host Arredamenti Srl Question referred Must Articles 17 and 19 of Directive 98/71/EC 1 be interpreted as meaning that the discretion accorded to the Member State to establish independently the extent to which, and the conditions under which, protection is conferred may include discretion to preclude such protection where a third party - without authorisation from the design copyright holder- had already produced and marketed in that State products based on the designs in question - those designs being in the public domain - before the date on which the national implementing legislation entered into force? Must Articles 17 and 19 of Directive 98/71/EC be interpreted as meaning that the discretion accorded to the Member State to establish independently the extent to which, and the conditions under which, protection is conferred may include discretion to preclude such protection where a third party - without authorisation from the design copyright holder - has already produced and marketed in that State products based on the designs in question, where protection is precluded within the limits of prior use? ____________ 1 - OJ 1998 L 289, p. 28.