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Case C-235/09: Reference for a preliminary ruling from the Cour de cassation (France) lodged on 29 June 2009 — DHL Express France SAS v Chronopost SA
ECLI:EU:UNKNOWN:62009CN0235
62009CN0235
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Official Journal of the European Union
C 205/27
(Case C-235/09)
2009/C 205/46
Language of the case: French
Referring court
Parties to the main proceedings
Applicant: DHL Express France SAS
Defendant: Chronopost SA
Questions referred
1.Must Article 98 of Council Regulation (EC) No 40/94 of 20 December 1993 (1) on the Community trade mark be interpreted as meaning that the prohibition issued by a Community trade mark court has effect as a matter of law throughout the entire area of the Community?
2.If not, is that court entitled to apply specifically that prohibition to the territories of other States in which the acts of infringement are committed or threatened?
3.In either case, are the coercive measures which the court, by application of its national law, has attached to the prohibition issued by it applicable within the territories of the Member States in which that prohibition would have effect?
4.In the contrary case, may that court order such a coercive measure, similar to or different from that which it adopts pursuant to its national law, by application of the national laws of the States in which that prohibition would have effect?
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).
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