That regulation was in turn repealed and replaced by Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2012 L 351, p. 1), which has been applicable from 10 January 2015. Ltd (‘Nintendo’), a company established in Japan, and, on the other hand, BigBen Interactive GmbH (‘BigBen Germany’), a company established in Germany, and BigBen Interactive SA (‘BigBen France’), the parent company of BigBen Germany established in France, concerning actions for infringement on account of the alleged infringement by the defendants in the main proceedings of the rights conferred on Nintendo by the Community designs held by it.ģ Regulation No 44/2001 replaced, in relations between the Member States, the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, signed in Brussels on 27 September 1968 (OJ 1978 L 304, p. 36, ‘the Brussels Convention’). – the European Commission, by T. Scharf and M. Wilderspin, acting as Agents,Īfter hearing the Opinion of the Advocate General at the sitting on 1 March 2017,ġ These requests for a preliminary ruling concern the interpretation of Article 20(1)(c), Article 79(1) and Articles 82, 83, 88 and 89 of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (OJ 2002 L 3, p. 1), Article 6(1) of 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) and Article 8(2) and Article 15 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’) (OJ 2007 L 199, p. 40).Ģ The requests have been made in proceedings between, on the one hand, Nintendo Co. – BigBen Interactive GmbH and BigBen Interactive SA, by W. Götz, C. Onken and C. Kurtz, Rechtsanwälte, Ltd, by A. von Mühlendahl and H. Hartwig, Rechtsanwälte, Having regard to the written procedure and further to the hearing on 7 December 2016,Īfter considering the observations submitted on behalf of:
REQUESTS for a preliminary ruling under Article 267 TFEU from the Oberlandesgericht Düsseldorf (Higher Regional Court, Düsseldorf, Germany), made by decisions of 7 January 2016, received at the Court on 18 January 2016, in the proceedingsĬomposed of M. Ilešič (Rapporteur), President of the Chamber, K. Lenaerts, President of the Court of Justice, acting as Judge of the Second Chamber, A. Prechal, C. Toader and E. Jarašiūnas, Judges, * Language of the case: German s for a preliminary ruling - Intellectual property - Regulation (EC) No 6/2002 - Article 20(1)(c), Article 79(1) and Articles 82, 83, 88 and 89 - Action for infringement - Limitation of the rights conferred by the Community design - Concept of ‘citations’ - Regulation (EC) No 44/2001 - Article 6(1) - Jurisdiction in respect of the co-defendant domiciled outside the Member State of the forum - Territorial scope of the jurisdiction of the Community design courts - Regulation (EC) No 864/2007 - Article 8(2) - Law applicable to claims seeking the adoption of orders relating to sanctions and other measures)
0 kommentar(er)
