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Document 62009CN0235

Case C-235/09: Reference for a preliminary ruling from the Cour de cassation (France) lodged on 29 June 2009 — DHL Express France SAS v Chronopost SA

OJ C 205, 29.8.2009, p. 27–28 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

29.8.2009   

EN

Official Journal of the European Union

C 205/27

Reference for a preliminary ruling from the Cour de cassation (France) lodged on 29 June 2009 — DHL Express France SAS v Chronopost SA

(Case C-235/09)

2009/C 205/46

Language of the case: French

Referring court

Cour de cassation

Parties to the main proceedings

Applicant: DHL Express France SAS

Defendant: Chronopost SA

Questions referred

1.

Must Article 98 of Council Regulation (EC) No 40/94 of 20 December 1993 (1) on the Community trade mark be interpreted as meaning that the prohibition issued by a Community trade mark court has effect as a matter of law throughout the entire area of the Community?

2.

If not, is that court entitled to apply specifically that prohibition to the territories of other States in which the acts of infringement are committed or threatened?

3.

In either case, are the coercive measures which the court, by application of its national law, has attached to the prohibition issued by it applicable within the territories of the Member States in which that prohibition would have effect?

4.

In the contrary case, may that court order such a coercive measure, similar to or different from that which it adopts pursuant to its national law, by application of the national laws of the States in which that prohibition would have effect?

(1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).

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