- Query in any language with multilingual search
- Access EUR-Lex and EU Commission case law
- See relevant paragraphs highlighted instantly
Similar Documents
Explore similar documents to your case.We Found Similar Cases for You
Case C-32/08: Reference for a preliminary ruling from the Juzgado de lo Mercantil Número Uno, Alicante, (Spain), lodged on 28 January 2008 — Fundación Española para la Innovación de la Artesanía (FEIA) v Cul de Sac Espacio Creativo, S.L. and Acierta Product & Position, S.A.
ECLI:EU:UNKNOWN:62008CN0032
62008CN0032
With us you find everything. Try it now!
I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
12.4.2008
Official Journal of the European Union
C 92/14
(Case C-32/08)
(2008/C 92/25)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: Fundación Española para la Innovación de la Artesanía (FEIA)
Defendant: Cul de Sac Espacio Creativo, S.L. and Acierta Product & Position, S.A.
Questions referred
1. Must Article 14(3) of [Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs] be interpreted as referring only to Community designs developed in the context of an employment relationship where the designer is bound by a contract governed by employment law whose provisions are such that the designer works under the direction and in the employ of another? or
3.In the event that the answer to the second question is in the negative, on the ground that the production of designs within an employment relationship and the production of designs within a non-employment relationship constitute different factual situations,
(a) is it necessary to apply the general rule in Article 14(1) of Regulation No 6/2002 and, consequently, must the designs be construed as belonging to the designer, unless the parties stipulate otherwise in the contract? or
(b) must the Community design court rely on national law governing designs in accordance with Article 88(2) of Regulation No 6/2002?
4. In the event that national law is to be relied on, is it possible to apply national law where it places on an equal footing (as Spanish law does) designs produced in the context of an employment relationship (the designs belong to the employer, unless it has been agreed otherwise) and designs produced as a result of a commission (the designs belong to the party who commissioned them, unless it has been agreed otherwise)?
5. In the event that the answer to the fourth question is in the affirmative, would such a solution (the designs belong to the party who commissioned them, unless it has been agreed otherwise) conflict with the negative answer to the second question?
(1) OJ 2002 L 3, p. 1.