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Case C-749/24, Van Ratingen: Request for a preliminary ruling from the Hof van beroep te Brussel (Belgium) lodged on 29 October 2024 – Van Ratingen NV v Versuni Holding BV, legal successor to Koninklijke Philips NV
ECLI:EU:UNKNOWN:62024CN0749
62024CN0749
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Official Journal of the European Union
C series
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C/2025/1074
(Case C-749/24, Van Ratingen)
(C/2025/1074)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: Van Ratingen NV
Respondent: Versuni Holding BV, legal successor to Koninklijke Philips NV
Questions referred
1.Is Article 10 of Council Regulation (EC) No 6/2002 (1) of 12 December 2001 on Community designs to be interpreted as meaning that the comparison between the registered design and the allegedly infringing design from the point of view of the informed user must be made at the date on which the application for registration is filed (or, if priority is claimed, from the date of priority), or at the date of infringement?
2.In the latter case, could any market saturation at the date of infringement, if established, be such as to make the informed user more sensitive to minor differences between the registered Community design and the allegedly infringing designs?
3.In answering this question, is it relevant whether, and to what extent, the holder of the registered Community design has consistently acted to safeguard the exclusive nature of its design?
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(1) OJ 2002 L 3, p. 1.
ELI: http://data.europa.eu/eli/C/2025/1074/oj
ISSN 1977-091X (electronic edition)
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