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Case C-163/15: Request for a preliminary ruling from the Oberlandesgericht Düsseldorf (Germany) lodged on 9 April 2015 — Youssef Hassan v Breiding Vertriebsgesellschaft mbH
ECLI:EU:UNKNOWN:62015CN0163
62015CN0163
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Official Journal of the European Union
C 254/3
(Case C-163/15)
(2015/C 254/03)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Youssef Hassan
Defendant: Breiding Vertriebsgesellschaft mbH
Questions referred
1.Does the first sentence of Article 23(1) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark preclude a licensee who is not entered in the Register of Community trade marks from invoking claims for infringement of a Community trade mark?
2.In the event that the first question is answered in the affirmative: Does the first sentence of Article 23(1) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark preclude a national legal practice in accordance with which the licensee can enforce the trade mark proprietor’s rights against the infringer by virtue of the power conferred on it for that purpose (Prozessstandschaft)?
Language of the case: German
(1) OJ 2009 L 78, p. 1.