CELEX: 62010CN0523
Language: en
Date: 2010-11-10 00:00:00
Title: Case C-523/10: Reference for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 10 November 2010 — Wintersteiger AG v Products 4U Sondermaschinenbau GmbH

29.1.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 30/19
            
         Reference for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 10 November 2010 — Wintersteiger AG v Products 4U Sondermaschinenbau GmbH
   (Case C-523/10)
   ()
   2011/C 30/32
   Language of the case: German
   
      Referring court
   
   Oberster Gerichtshof
   
      Parties to the main proceedings
   
   
      Applicant: Wintersteiger AG
   
      Defendant: Products 4U Sondermaschinenbau GmbH
   
      Questions referred
   
   
               1.
            
            
               In the case of an alleged infringement by a person established in another Member State of a trade mark granted in the State of the court seised through the use of a keyword (AdWord) identical to that trade mark in an internet search engine which offers its services under various country-specific top-level domains, is the phrase ‘place where the harmful event occurred or may occur’ in Article 5(3) of Regulation (EC) 44/2001 (‘Brussels I’) (1) to be interpreted as meaning that:
               
                           1.1.
                        
                        
                           jurisdiction is established only if the keyword is used on the search engine website the top-level domain of which is that of the State of the court seised;
                        
                     
                           1.2.
                        
                        
                           jurisdiction is established only if the search engine website on which the keyword is used can be accessed in the State of the court seised;
                        
                     
                           1.3.
                        
                        
                           jurisdiction is dependent on the satisfaction of other requirements additional to the accessibility of the website?
                        
                     
         
               2.
            
            
               If Question 1.3 is answered in the affirmative:
               Which criteria are to be used to determine whether jurisdiction under Article 5(3) of Brussels I is established where a trade mark granted in the State of the court seised is used as an AdWord on a search engine website with a country-specific top-level domain different from that of the State of the court seised?
            
         
      (1)  Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, OJ 2001, L 12, p. 1.