18.12.2010   

EN

Official Journal of the European Union

C 346/33


Reference for a preliminary ruling from the Juzgado de lo Mercantil No 1 de Alicante (Spain) lodged on 11 October 2010 — Celaya Emparanza y Galdos Internacional S.A. v Proyectos Integrales de Balizamientos S.L.

(Case C-488/10)

()

2010/C 346/56

Language of the case: Spanish

Referring court

Juzgado de lo Mercantil

Parties to the main proceedings

Applicant: Celaya Emparanza y Galdos Internacional S.A.

Defendant: Proyectos Integrales de Balizamientos S.L.

Questions referred

1.

In proceedings for infringement of the exclusive right conferred by a registered Community design, does the right to prevent the use thereof by third parties provided for in Article 19(1) of Council Regulation (EC) No 6/2002 (1) of 12 December 2001 on Community designs extend to any third party who uses another design that does not produce on informed users a different overall impression or, on the contrary, is a third party who uses a subsequent Community design registered in his name excluded until such time as that design is declared invalid?

2.

Is the answer to the first question unconnected with the intention of the third party or does it depend on his conduct, a decisive point being whether the third party applied for and registered the later Community design after receiving an extra-judicial demand from the proprietor of the earlier Community design calling on him to cease marketing the product on the ground that it infringes rights deriving from that earlier design?


(1)  OJ 2002 L 3, p. 1