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Case C-123/20: Judgment of the Court (Fifth Chamber) of 28 October 2021 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Ferrari SpA v Mansory Design Holding GmbH, WH (Reference for a preliminary ruling — Regulation (EC) No 6/2002 — Community designs — Articles 4, 6 and 11 — Infringement proceedings — Unregistered Community design — Appearance of a part of a product — Conditions for protection — Component part of a complex product — Individual character — Act of making available to the public)
ECLI:EU:UNKNOWN:62020CA0123
62020CA0123
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Official Journal of the European Union
C 2/7
(Case C-123/20) (1)
(Reference for a preliminary ruling - Regulation (EC) No 6/2002 - Community designs - Articles 4, 6 and 11 - Infringement proceedings - Unregistered Community design - Appearance of a part of a product - Conditions for protection - Component part of a complex product - Individual character - Act of making available to the public)
(2022/C 2/09)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Ferrari SpA
Defendant: Mansory Design Holding GmbH, WH
Operative part of the judgment
Article 11(2) of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs must be interpreted as meaning that the making available to the public of images of a product, such as the publication of photographs of a car, entails the making available to the public of a design of a part of that product, within the meaning of Article 3(a) of that regulation, or of a component part of that product, as a complex product, within the meaning of Article 3(c) and Article 4(2) of that regulation, provided that the appearance of that part or component part is clearly identifiable at the time the design is made available.
In order for it to be possible to examine whether that appearance satisfies the condition of individual character referred to in Article 6(1) of that regulation, it is necessary that the part or component part in question constitute a visible section of the product or complex product, clearly defined by particular lines, contours, colours, shapes or texture.
(1)
OJ C 215, 29.6.2020.
Language of the case: German