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Document 62009CN0495

    Case C-495/09: Reference for a preliminary ruling from Court of Appeal (England & Wales) (Civil Division) made on 2 December 2009 — Nokia Corporation v Her Majesty's Commissioners of Revenue and Customs

    OJ C 37, 13.2.2010, p. 22–22 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    Date of document:
    02/12/2009
    Date lodged:
    02/12/2009
    Author:
    Court of Justice
    Form:
    Judicial information
    Authentic language:
    English
    Type of procedure:
    Reference for a preliminary ruling
    Link
    Select all documents mentioning this document
    Case affecting:
    • request for interpretation 32003R1383 article 2.1 PT A)
    Link

    13.2.2010   

    EN

    Official Journal of the European Union

    C 37/22

    Reference for a preliminary ruling from Court of Appeal (England & Wales) (Civil Division) made on 2 December 2009 — Nokia Corporation v Her Majesty's Commissioners of Revenue and Customs

    (Case C-495/09)

    2010/C 37/26

    Language of the case: English

    Referring court

    Court of Appeal (England & Wales) (Civil Division)

    Parties to the main proceedings

    Applicant: Nokia Corporation

    Defendant: Her Majesty's Commissioners of Revenue and Customs

    Question referred

    Are non-Community goods bearing a Community trade mark which are subject to customs supervision in a Member State and in transit from a non-Member State to another non-Member State capable of constituting ‘counterfeit goods’ within the meaning of Article 2(1)(a) of Regulation 1383/2003/EC (1) if there is no evidence to suggest that those goods will be put ton the market in the EC, either in conformity with a customs procedure or by means of an illicit diversion.

    (1)  Council Regulation (EC) No 1383/2003 of 22 July 2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights

    OJ L 196, p. 7

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