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Case C-163/15: Judgment of the Court (Seventh Chamber) of 4 February 2016 (request for a preliminary ruling from the Oberlandesgericht Düsseldorf — Germany) — Youssef Hassan v Breiding Vertriebsgesellschaft mbH (Reference for a preliminary ruling — Community trade mark — Regulation (EC) No 207/2009 — Article 23 — Licence — Register of Community trade marks — Right of the licensee to bring proceedings for infringement notwithstanding the fact that the licence has not been entered in the Register)

ECLI:EU:UNKNOWN:62015CA0163

62015CA0163

February 4, 2016
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21.3.2016

Official Journal of the European Union

C 106/9

(Case C-163/15) (<span class="super">1</span>)

((Reference for a preliminary ruling - Community trade mark - Regulation (EC) No 207/2009 - Article 23 - Licence - Register of Community trade marks - Right of the licensee to bring proceedings for infringement notwithstanding the fact that the licence has not been entered in the Register))

(2016/C 106/12)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Youssef Hassan

Defendant: Breiding Vertriebsgesellschaft mbH

Operative part of the judgment

The first sentence of Article 23(1) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark must be interpreted as meaning that the licensee may bring proceedings alleging infringement of a Community trade mark which is the subject of the licence, although that licence has not been entered in the Register of Community trade marks.

*

Language of the case: German.

(1) OJ C 254, 3.8.2015.

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