Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 8 February 2012 — Leidseplein Beheer B.V. and Others, other parties: Red Bull GmbH and Others

(Case C-65/12)

2012/C 126/10

Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings

Applicant:

Defendants:

Question referred

Is Article 5(2) of Directive 89/104/EEC (1) to be interpreted as meaning that there can be due cause within the meaning of that provision also where the sign that is identical or similar to the trade mark with a reputation was already being used in good faith by the third party/parties concerned before that trade mark was filed?

(1)  First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1).