IP case law Court of Justice

Referral C-628/21 (Castorama Polska and Knor, 11 Oct 2021)



(a) Should Article 8(1) read in conjunction with Article 4(1) of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights be understood to refer to a measure to protect intellectual property rights only when the rightholder’s intellectual property right has been confirmed in these or other proceedings?

– if Question (a) is answered in the negative
(b) Should Article 8(1) of the directive, read in conjunction with Article 4(1) of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights be interpreted as meaning
that it is sufficient to substantiate the fact that that measure refers to an existing intellectual property right, and not to prove that circumstance, especially in a case where a request for information about the origin and distribution networks of goods or services precedes the assertion of claims for compensation on account of an infringement of intellectual property rights?


Case details on the CJEU website (external link)


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