CELEX: 62020CA0421
Language: en
Date: 2022-03-03 00:00:00
Title: Case C-421/20: Judgment of the Court (Fifth Chamber) of 3 March 2022 (request for a preliminary ruling from the Oberlandesgericht Düsseldorf — Germany) — Acacia Srl v Bayerische Motoren Werke AG (Reference for a preliminary ruling — Intellectual property — Community designs — Regulation (EC) No 6/2002 — Article 82(5) — Action brought before the courts of the Member State in which an act of infringement has been committed or threatened — Claims supplementary to the action for infringement — Applicable law — Article 88(2) — Article 89(1)(d) — Regulation (EC) No 864/2007 — Law applicable to non-contractual obligations (Rome II) — Article 8(2) — Country in which the intellectual property right was infringed)

25.4.2022   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 171/11
            
         
      Judgment of the Court (Fifth Chamber) of 3 March 2022 (request for a preliminary ruling from the Oberlandesgericht Düsseldorf — Germany) — Acacia Srl v Bayerische Motoren Werke AG
      (Case C-421/20) (1)
      
      (Reference for a preliminary ruling - Intellectual property - Community designs - Regulation (EC) No 6/2002 - Article 82(5) - Action brought before the courts of the Member State in which an act of infringement has been committed or threatened - Claims supplementary to the action for infringement - Applicable law - Article 88(2) - Article 89(1)(d) - Regulation (EC) No 864/2007 - Law applicable to non-contractual obligations (Rome II) - Article 8(2) - Country in which the intellectual property right was infringed)
      (2022/C 171/13)
      Language of the case: German
      
         Referring court
      
      Oberlandesgericht Düsseldorf
      
         Parties to the main proceedings
      
      
         Applicant: Acacia Srl
      
         Defendant: Bayerische Motoren Werke AG
      
         Operative part of the judgment
      
      Article 88(2) and Article 89(1)(d) of Council Regulation (EC) No 6/2002 of 12 December 2001 of Community designs, and Article 8(2) of Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II) must be interpreted as meaning that the Community design courts before which an action for infringement pursuant to Article 82(5) of Regulation No 6/2002 is brought concerning acts of infringement committed or threatened within a single Member State must examine the claims supplementary to that action, seeking the award of damages, the submission of information, documents and accounts and the handing over of the infringing products with a view to their being destroyed, on the basis of the law of the Member State in which the acts allegedly infringing the Community design relied upon are committed or are threatened, which is the same, in the circumstances of an action brought pursuant to that Article 82(5), as the law of the Member State in which those courts are situated.
      
         (1)  OJ C 433, 14.12.2020.