CELEX: 62020CN0123
Language: en
Date: 2020-03-04 00:00:00
Title: Case C-123/20: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 4 March 2020 — Ferrari SpA v Mansory Design & Holding GmbH, WH

29.6.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 215/20
            
         
      Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 4 March 2020 — Ferrari SpA v Mansory Design & Holding GmbH, WH
      (Case C-123/20)
      (2020/C 215/24)
      Language of the case: German
      
         Referring court
      
      Bundesgerichtshof
      
         Parties to the main proceedings
      
      
         Applicant: Ferrari SpA
      
         Defendants: Mansory Design & Holding GmbH, WH
      
         Questions referred
      
      
                  1.
               
               
                  Can unregistered Community designs in individual parts of a product arise as a result of disclosure of an overall image of a product in accordance with Article 11(1) and the first sentence of Article 11(2) of Regulation (EC) No 6/2002? (1)
                  
               
            
                  2.
               
               
                  If Question 1 is answered in the affirmative:
                  What legal criterion is to be applied for the purpose of assessing individual character in accordance with Article 4(2)(b) and Article 6(1) of Regulation (EC) No 6/2002 when determining the overall impression of a component part which — as in the case of a part of a vehicle’s bodywork, for example — is to be incorporated into a complex product? In particular, can the criterion be whether the appearance of the component part, as viewed by an informed user, is not completely lost in the appearance of the complex product, but rather displays a certain autonomy and consistency of form such that it is possible to identify an aesthetic overall impression which is independent of the overall form?
               
            
         (1)  Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (OJ 2002 L 3, p. 1).