CELEX: C2005/229/10
Language: en
Date: 2005-09-17 00:00:00
Title: Case C-267/05: Reference for a preliminary ruling from the High Court of Justice (England and Wales) Chancery Division, Patents Court by order of that court of 17 February 2005 in Oakley Inc. v 1) Animal Ltd 2) H. Young Holdings plc 3) H. Young (Operations) Ltd, Intervener: Secretary of State for Industry

17.9.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 229/5
            
         Reference for a preliminary ruling from the High Court of Justice (England and Wales) Chancery Division, Patents Court by order of that court of 17 February 2005 in Oakley Inc. v 1) Animal Ltd 2) H. Young Holdings plc 3) H. Young (Operations) Ltd, Intervener: Secretary of State for Industry
   (Case C-267/05)
   (2005/C 229/10)
   Language of the case: English
   Reference has been made to the Court of Justice of the European Communities by order of the High Court of Justice (England and Wales) Chancery Division, Patents Court of 17 February 2005, received at the Court Registry on 27 June 2005, for a preliminary ruling in the proceedings between Oakley Inc. and 1) Animal Ltd 2) H. Young Holdings plc 3) H. Young (Operations) Ltd, Intervener: Secretary of State for Industry, on the following question:
   ‘With regard to Directive 98/71/EC of the European Parliament and Council of 13 October 1998 on the legal protection of designs (1), could a national measure adopted by a Member State, after the date mentioned in Article 19, to the extent that the said measure purported to exercise the derogation mentioned in Article 11.8 nevertheless be partly valid according to Community law? Or did the opportunity which was available to a Member State to adopt the derogation conferred by Article 11.8 by a national measure permanently and wholly cease to exist after the date mentioned in Article 19?’
   
      (1)  OJ L 289, 28.10.1998, p. 28