Source: EURLEX
Language: en
Format: md

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| 24.7.2017 | EN | Official Journal of the European Union | C 239/6 |

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Judgment of the Court (Second Chamber) of 18 May 2017 (request for a preliminary ruling from the Oberlandesgericht Düsseldorf — Germany) — Hummel Holding A/S v Nike Inc., Nike Retail BV

(Case C-617/15)[(1)](#ntr1-C_2017239EN.01000602-E0001)

((Reference for a preliminary ruling - Intellectual property - Regulation (EC) No 207/2009 - EU trade mark - Article 97(1) - International jurisdiction - Action for infringement brought against an undertaking with its seat in a third country - Second-tier subsidiary with its seat in the Member State of the court seised - Definition of ‘establishment’))

(2017/C 239/08)

Language of the case: German

Referring court

Oberlandesgericht Düsseldorf

Parties to the main proceedings

Applicant: Hummel Holding A/S

Defendant: Nike Inc., Nike Retail BV

Operative part of the judgment

Article 97(1) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the European Union trade mark must be interpreted as meaning that a legally distinct second-tier subsidiary, with its seat in a Member State, of a parent body that has no seat in the European Union is an ‘establishment’, within the meaning of that provision, of that parent body if the subsidiary is a centre of operations which, in the Member State where it is located, has a certain real and stable presence from which commercial activity is pursued, and has the appearance of permanency to the outside world, such as an extension of the parent body.

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