This document is an excerpt from the EUR-Lex website
Document 62015CA0617
Case C-617/15: Judgment of the Court (Second Chamber) of 18 May 2017 (request for a preliminary ruling from the Oberlandesgericht Düsseldorf — Germany) — Hummel Holding A/S v Nike Inc., Nike Retail BV (Reference for a preliminary ruling — Intellectual property — Regulation (EC) No 207/2009 — EU trade mark — Article 97(1) — International jurisdiction — Action for infringement brought against an undertaking with its seat in a third country — Second-tier subsidiary with its seat in the Member State of the court seised — Definition of ‘establishment’)
Case C-617/15: Judgment of the Court (Second Chamber) of 18 May 2017 (request for a preliminary ruling from the Oberlandesgericht Düsseldorf — Germany) — Hummel Holding A/S v Nike Inc., Nike Retail BV (Reference for a preliminary ruling — Intellectual property — Regulation (EC) No 207/2009 — EU trade mark — Article 97(1) — International jurisdiction — Action for infringement brought against an undertaking with its seat in a third country — Second-tier subsidiary with its seat in the Member State of the court seised — Definition of ‘establishment’)
Case C-617/15: Judgment of the Court (Second Chamber) of 18 May 2017 (request for a preliminary ruling from the Oberlandesgericht Düsseldorf — Germany) — Hummel Holding A/S v Nike Inc., Nike Retail BV (Reference for a preliminary ruling — Intellectual property — Regulation (EC) No 207/2009 — EU trade mark — Article 97(1) — International jurisdiction — Action for infringement brought against an undertaking with its seat in a third country — Second-tier subsidiary with its seat in the Member State of the court seised — Definition of ‘establishment’)
IO C 239, 24.7.2017, p. 6–7
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
|
24.7.2017 |
EN |
Official Journal of the European Union |
C 239/6 |
Judgment of the Court (Second Chamber) of 18 May 2017 (request for a preliminary ruling from the Oberlandesgericht Düsseldorf — Germany) — Hummel Holding A/S v Nike Inc., Nike Retail BV
(Case C-617/15) (1)
((Reference for a preliminary ruling - Intellectual property - Regulation (EC) No 207/2009 - EU trade mark - Article 97(1) - International jurisdiction - Action for infringement brought against an undertaking with its seat in a third country - Second-tier subsidiary with its seat in the Member State of the court seised - Definition of ‘establishment’))
(2017/C 239/08)
Language of the case: German
Referring court
Oberlandesgericht Düsseldorf
Parties to the main proceedings
Applicant: Hummel Holding A/S
Defendant: Nike Inc., Nike Retail BV
Operative part of the judgment
Article 97(1) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the European Union trade mark must be interpreted as meaning that a legally distinct second-tier subsidiary, with its seat in a Member State, of a parent body that has no seat in the European Union is an ‘establishment’, within the meaning of that provision, of that parent body if the subsidiary is a centre of operations which, in the Member State where it is located, has a certain real and stable presence from which commercial activity is pursued, and has the appearance of permanency to the outside world, such as an extension of the parent body.