14.12.2015

EN

Official Journal of the European Union

C 414/17

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Request for a preliminary ruling from the Nejvyšší soud České republiky (Czech Republic) lodged on 21 September 2015 — Tommy Hilfiger Licensing LLC and Others v DELTA CENTER a.s.

(Case C-494/15)

(2015/C 414/20)

Language of the case: Czech

Referring court

Nejvyšší soud České republiky

Parties to the main proceedings

Applicants: Tommy Hilfiger Licensing LLC, Urban Trends Trading B.V., RADO Uhren AG, Facton Kft., Lacoste S.A., Burberry Limited

Defendant: DELTA CENTER a.s.

Questions referred

1)Is a person with a lease of premises in a market, who provides stalls and pitches on which stalls may be placed to individual market-traders for their use, an intermediary whose services are used by a third party to infringe an intellectual property right within the meaning of Article 11 of Directive 2004/48/EC (1) of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights?

2)Is it possible to impose on a person with a lease of premises in a market, who provides stalls and pitches on which stalls may be placed to individual market-traders for their use, measures, as provided for in Article 11 of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights, under the same conditions as those formulated by the Court of Justice in its judgment of 12 July 2011 in Case C-324/09 L’Oréal and Others v eBay and Others with regard to the imposition of measures on the operators of an online marketplace?

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Language of the case: Czech

(1) OJ L 157, 30.4.2004, p. 45.

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