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Case C-686/21, Legea: Judgment of the Court (Tenth Chamber) of 27 April 2023 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — VW v SW, CQ, ET, Legea Srl and Legea Srl v VW, SW, CQ, ET (Reference for a preliminary ruling — Trade mark law — Directive 89/104/EEC — Directive (EU) 2015/2436 — Regulation (EC) No 40/94 — Regulation (EU) 2017/1001 — Exclusive rights of the trade mark proprietor — Trade mark belonging to two or more persons — Conditions on majority required between joint proprietors for granting and terminating a licence of their trade mark)
ECLI:EU:UNKNOWN:62021CA0686
62021CA0686
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19.6.2023
Official Journal of the European Union
C 216/16
(Case C-686/21, (<span class="oj-super oj-note-tag">1</span>) Legea)
(Reference for a preliminary ruling - Trade mark law - Directive 89/104/EEC - Directive (EU) 2015/2436 - Regulation (EC) No 40/94 - Regulation (EU) 2017/1001 - Exclusive rights of the trade mark proprietor - Trade mark belonging to two or more persons - Conditions on majority required between joint proprietors for granting and terminating a licence of their trade mark)
(2023/C 216/20)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicants: VW, Legea Srl
Defendants: SW, CQ, ET, Legea Srl, VW
Operative part of the judgment
First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks and Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark
must be interpreted as meaning that the question of whether the grant or the termination of a licence to use a national trade mark or an EU trade mark held in joint proprietorship requires a unanimous decision by the joint proprietors or a decision by a majority of them comes within the scope of the applicable national law.
Language of the case: Italian
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(<span class="oj-super">1</span>) OJ C 37, 24.1.2022.