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Case C-419/15: Judgment of the Court (Seventh Chamber) of 22 June 2016 (request for a preliminary ruling from the Oberlandesgericht Düsseldorf — Germany) — Thomas Philipps GmbH & Co. KG v Grüne Welle Vertriebs GmbH (Reference for a preliminary ruling — Intellectual property — Community designs — Regulation (EC) No 6/2002 — Articles 32 and 33 — Licence — Register of Community designs — Right of the licensee to bring proceedings for infringement notwithstanding the fact that the licence has not been entered in the register — Right of the licensee to bring proceedings for infringement in order to obtain damages for its own loss)
ECLI:EU:UNKNOWN:62015CA0419
62015CA0419
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29.8.2016
Official Journal of the European Union
C 314/7
(Case C-419/15) (<span class="super">1</span>)
((Reference for a preliminary ruling - Intellectual property - Community designs - Regulation (EC) No 6/2002 - Articles 32 and 33 - Licence - Register of Community designs - Right of the licensee to bring proceedings for infringement notwithstanding the fact that the licence has not been entered in the register - Right of the licensee to bring proceedings for infringement in order to obtain damages for its own loss))
(2016/C 314/10)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Thomas Philipps GmbH & Co. KG
Defendant: Grüne Welle Vertriebs GmbH
Operative part of the judgment
1.The first sentence of Article 33(2) of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs must be interpreted as meaning that the licensee may bring proceedings alleging infringement of a registered Community design which is the subject of the licence although that licence has not been entered in the register of Community designs.
2.Article 32(3) of Regulation No 6/2002 must be interpreted as meaning that the licensee can claim damages for its own loss in proceedings for infringement of a Community design brought by it in accordance with that provision.
(<span class="note">1</span>) OJ C 346, 19.10.2015.