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Case C-361/22: Request for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 3 June 2022 — Industria de Diseño Textil, S. A. (Inditex) v Buongiorno Myalert, S.A.
ECLI:EU:UNKNOWN:62022CN0361
62022CN0361
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26.9.2022
EN
Official Journal of the European Union
C 368/14
(Case C-361/22)
(2022/C 368/21)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Appellant: Industria de Diseño Textil, S. A. (Inditex)
Respondent: Buongiorno Myalert, S.A.
Question referred
Must Article 6(1)(c) of Directive 89/104/EC (1) be interpreted as implicitly including within the limitation on trade mark rights the more general conduct now referred to in Article 14(1)(c) of Directive (EU) 2015/2436, (2) namely the use of ‘the trade mark for the purpose of identifying or referring to goods or services as those of the proprietor of that trade mark’?
(1) First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1).
(2) 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 (OJ 2015 L 336, p. 1).