Source: EURLEX
Language: en
Format: md

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| 18.12.2010 | EN | Official Journal of the European Union | C 346/33 |

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Reference for a preliminary ruling from the Juzgado de lo Mercantil No 1 de Alicante (Spain) lodged on 11 October 2010 — Celaya Emparanza y Galdos Internacional S.A. v Proyectos Integrales de Balizamientos S.L.

(Case C-488/10)

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2010/C 346/56

Language of the case: Spanish

Referring court

Juzgado de lo Mercantil

Parties to the main proceedings

Applicant: Celaya Emparanza y Galdos Internacional S.A.

Defendant: Proyectos Integrales de Balizamientos S.L.

Questions referred

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| 1. | In proceedings for infringement of the exclusive right conferred by a registered Community design, does the right to prevent the use thereof by third parties provided for in Article 19(1) of Council Regulation (EC) No 6/2002[(1)](#ntr1-C_2010346EN.01003302-E0001) of 12 December 2001 on Community designs extend to any third party who uses another design that does not produce on informed users a different overall impression or, on the contrary, is a third party who uses a subsequent Community design registered in his name excluded until such time as that design is declared invalid? |

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| 2. | Is the answer to the first question unconnected with the intention of the third party or does it depend on his conduct, a decisive point being whether the third party applied for and registered the later Community design after receiving an extra-judicial demand from the proprietor of the earlier Community design calling on him to cease marketing the product on the ground that it infringes rights deriving from that earlier design? |

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