Source: EURLEX
Language: en
Format: md

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| 5.12.2022 | EN | Official Journal of the European Union | C 463/9 |

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Judgment of the Court (Ninth Chamber) of 13 October 2022 (request for a preliminary ruling from the Sąd Najwyższy — Poland) — Perfumesco.pl sp. z o.o., sp.k. v Procter & Gamble International Operations SA

(Case C-355/21) [(1)](#ntr1-C_2022463EN.01000902-E0001)

(Reference for a preliminary ruling - Intellectual property - Directive 2004/48/EC - Enforcement of intellectual property rights - Article 10 - Corrective measures - Destruction of goods - Concept of ‘infringement of an intellectual property right’ - Goods bearing an EU trade mark)

(2022/C 463/11)

Language of the case: Polish

Referring court

Sąd Najwyższy

Parties to the main proceedings

Applicant: Perfumesco.pl sp. z o.o., sp.k.

Defendant: Procter & Gamble International Operations SA

Intervener: Rzecznik Praw Obywatelskich

Operative part of the judgment

Article 10(1) of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights,

must be interpreted as:

precluding the interpretation of a provision of national law according to which a protective measure in the form of the destruction of goods may not be applied to goods which have been manufactured and to which an EU trade mark has been affixed, with the consent of the proprietor of that mark, but which were placed on the market in the European Economic Area without his or her consent.

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