Case C-211/24, LEGO (Concept of informed user of a design): Judgment of the Court (Third Chamber) of 4 September 2025 (request for a preliminary ruling from the Fővárosi Törvényszék – Hungary) – LEGO A/S v Pozitív Energiaforrás Kft. (Reference for a preliminary ruling – Community design – Regulation (EC) No 6/2002 – Article 8(3) – Design allowing the multiple assembly or connection of mutually interchangeable products within a modular system – Scope of the protection conferred by such a design – Article 10 – Concept of informed user – Article 89(1) – Sanctions in actions for infringement – Special reasons allowing the national court not to make the orders provided for in that provision – Infringement in respect of the pieces of a toy building set, the number of which is small in relation to total number of components of that set)
Date: 2025-09-04
Institutions: Court of Justice
Subjects: designs and models, import restriction, toy industry








C_202505558EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/5558


27.10.2025






Judgment of the Court (Third Chamber) of 4 September 2025 (request for a preliminary ruling from the Fővárosi Törvényszék – Hungary) – LEGO A/S v Pozitív Energiaforrás Kft.


(Case C-211/24,
                (1)
LEGO (Concept of informed user of a design))

(Reference for a preliminary ruling - Community design - Regulation (EC) No 6/2002 - Article 8(3) - Design allowing the multiple assembly or connection of mutually interchangeable products within a modular system - Scope of the protection conferred by such a design - Article 10 - Concept of ‘informed user’ - Article 89(1) - Sanctions in actions for infringement - Special reasons allowing the national court not to make the orders provided for in that provision - Infringement in respect of the pieces of a toy building set, the number of which is small in relation to total number of components of that set)
(C/2025/5558)
Language of the case: Hungarian

Referring court

Fővárosi Törvényszék

Parties to the main proceedings


Applicant: LEGO A/S

Defendant: Pozitív Energiaforrás Kft.

Operative part of the judgment







1.


Article 10 of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs
must be interpreted as meaning that the scope of protection of a design under Article 8(3) of that regulation must be assessed by reference to the overall impression produced by that design on an informed user who, without being a designer or a technical expert, knows the various designs which exist in the sector concerned, possesses a certain degree of knowledge with regard to the features which those designs normally include and, as a result of his or her interest in the products concerned, shows a relatively high level of attention when he or she uses them as components of the modular system of which they form part, and not on a user who, possessing technical knowledge similar to that which may be expected of a sectoral expert, examines the design concerned down to the smallest detail and whose overall impression is based primarily on technical considerations.










2.


Article 89(1) of Regulation No 6/2002
must be interpreted as meaning that the concept of ‘special reasons’, within the meaning of that provision, allowing a Community design court not to make one or more of the orders referred to in that provision does not cover the fact that an infringement relates only to some of the pieces of a modular system, the number of which is small in relation to the total number of components of that system.






(1)  OJ C, C/2024/3593.


ELI: http://data.europa.eu/eli/C/2025/5558/oj
ISSN 1977-091X (electronic edition)