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Case C-123/20: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 4 March 2020 — Ferrari SpA v Mansory Design & Holding GmbH, WH
ECLI:EU:UNKNOWN:62020CN0123
62020CN0123
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Valentina R., lawyer
29.6.2020
EN
Official Journal of the European Union
C 215/20
(Case C-123/20)
(2020/C 215/24)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Ferrari SpA
Defendants: Mansory Design & Holding GmbH, WH
Questions referred
1.Can unregistered Community designs in individual parts of a product arise as a result of disclosure of an overall image of a product in accordance with Article 11(1) and the first sentence of Article 11(2) of Regulation (EC) No 6/2002? (1)
2.If Question 1 is answered in the affirmative: What legal criterion is to be applied for the purpose of assessing individual character in accordance with Article 4(2)(b) and Article 6(1) of Regulation (EC) No 6/2002 when determining the overall impression of a component part which — as in the case of a part of a vehicle’s bodywork, for example — is to be incorporated into a complex product? In particular, can the criterion be whether the appearance of the component part, as viewed by an informed user, is not completely lost in the appearance of the complex product, but rather displays a certain autonomy and consistency of form such that it is possible to identify an aesthetic overall impression which is independent of the overall form?
(1) Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (OJ 2002 L 3, p. 1).