This reference for a preliminary ruling has been made by the Finanzgericht München (Finance Court, Munich) (Germany) in the course of proceedings between the applicant, Zino Davidoff SA (Davidoff), and the defendant, the Bundesfinanzdirektion Südost (South Eastern Federal Revenue Office), concerning Davidoffs application for border seizure in respect of 12 internationally registered trade marks, of which it is the holder.
On 10 May 2007, on the basis of Article 5(4) of Regulation No 1383/2003, Davidoff lodged an application with the Oberfinanzdirektion Nürnberg (Nuremberg Principal Revenue Office), now the Bundesfinanzdirektion Südost, for border seizure of goods suspected of infringing 12 internationally registered trade marks, of which it is holder.
That action was dismissed on 22 August 2007 on the grounds that Article 5(4) of Regulation No 1383/2003 concerns only the right-holder of a Community trademark and that that regulation was not amended by the Community legislature despite the Communitys accession to the Protocol.
Davidoff brought an appeal against that decision before the Finanazgericht München.
| Case identifiers | ||||
| Decision type : | Judgment | |||
| Common name : | Case C-302/08 | |||
| Court : | European Court of Justice | |||
| Chamber : | Sixth Chamber | |||
| Language : | English | |||
| National ID : | 62008J0302 | |||
| Delivery date : | July 02, 2009 | |||
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