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Case C-76/24, Tradeinn Retail Services: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 1 February 2024 – Tradeinn Retail Services S.L. v PH
ECLI:EU:UNKNOWN:62024CN0076
62024CN0076
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Official Journal of the European Union
EN
C series
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C/2024/3149
21.5.2024
(Case C-76/24, Tradeinn Retail Services)
(C/2024/3149)
Language of the case: German
Referring court
Parties to the main proceedings
Defendant and appellant on a point of law: Tradeinn Retail Services S.L.
Applicant and respondent on a point of law: PH
Questions referred
1.Is a proprietor of a national trade mark, under Article 10(3)(b) of Directive (EU) 2015/2436 allowed to prohibit a person in another country from stocking goods that infringe his or her trade mark for the purpose of offering those goods or putting them on the market in the country in which the trade mark is protected?
2.Does the concept of stocking within the meaning of Article 10(3)(b) of Directive (EU) 2015/2436 depend on the possibility of actually accessing goods in infringement of trade mark or is the possibility of being able to influence the person with actual access to those goods sufficient?
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Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (recast) (OJ 2015 L 336, p. 1).
ELI: http://data.europa.eu/eli/C/2024/3149/oj
ISSN 1977-091X (electronic edition)
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Language of the case: German