Referral C-749/24 (Van Ratingen, 29 Oct 2024)

[Unofficial translation]

1. Is Article 10 of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (OJ 2002 L 3, p. 1) to be interpreted as meaning that the comparison between the registered design and the allegedly infringing design must be made from the point of view of the informed user at the date of filing of the application for registration (or, if priority is claimed, at the date of priority) or at the date of infringement?

2. In the latter case, might a possible saturation of the market at the date of infringement be such as to render the informed user more sensitive to differences in detail between the registered Community design and the allegedly infringing designs?

3. For the purposes of answering this question, is it relevant whether, and to what extent, the proprietor of the registered Community design has acted consistently to preserve the exclusive character of his design?