Source: EURLEX
Language: en
Format: md

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| 22.11.2021 | EN | Official Journal of the European Union | C 471/18 |

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Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 2 August 2021 — Monz Handelsgesellschaft lnternational mbH & Co. KG v Büchel GmbH & Co. Fahrzeugtechnik KG

(Case C-472/21)

(2021/C 471/26)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Appellant on a point of law: Monz Handelsgesellschaft lnternational mbH & Co. KG

Respondent on a point of law: Büchel GmbH & Co. Fahrzeugtechnik KG

Questions referred

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| 1. | Is a component part incorporating a design a ‘visible’ component within the meaning of Article 3(3) of Directive 98/71/EC [(1)](#ntr1-C_2021471EN.01001802-E0001) if it is objectively possible to recognise the design when the component is mounted, or should visibility be assessed under certain conditions of use or from a certain observer perspective? |

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| 2. | If the answer to Question 1 is that visibility under certain conditions of use or from a certain observer perspective is the decisive factor:   |  |  | | --- | --- | | (a) | When assessing the ‘normal use’ of a complex product by the end user within the meaning of Article 3(3) and (4) of Directive 98/71, is it the use intended by the manufacturer of the component part or complex product that is relevant, or the customary use of the complex product by the end user? |  |  |  | | --- | --- | | (b) | What are the criteria for assessing whether the use of a complex product by the end user constitutes a ‘normal use’ within the meaning of Article 3(3) and (4) of Directive 98/71? | |

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