... an internet search engine operating under the national top-level domain for that Member State; accordingly, if the term ‘Watermaster’ was searched for, an advertisement for Senwatec’s products was displayed on that search engine’s website. Thus, in August 2016, when the term ‘Watermaster’ was searched for in Finland on the website www.google.fi the first result displayed was a Google ADWORDS advertisement for Senwatec’s products, separated from the other search results by a line and containing the word ‘Ad’.13      The national court notes that neither the advertising link obtained by that search nor the associated text contained any elements specifically referring to Finland or the geographical area where the products were to be supplied. However, the referring ...

... to those for which the Community trade mark is registered, where the latter has a reputation in the Community and where use of that sign without due cause takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the Community trade mark.’  The dispute in the main proceedings and the questions referred for a preliminary ruling The referencing service ‘ADWORDS’9        When an internet user performs a search on the basis of one or more words on the Google search engine, that search engine will display the sites which appear best to correspond to those words, in decreasing order of relevance. These are referred to as the ‘natural’ results of the search.10      In addition, Google’s paid referencing service – ‘ADWORDS’ ...

... approximate the laws of the Member States relating to trade marks (Codified version) (OJ 2008 L 299, p. 25), which entered into force on 28 November 2008. However, in the light of the date on which the relevant facts occurred, the dispute in the main proceedings remains governed by Directive 89/104. The dispute in the main proceedings and the questions referred for a preliminary ruling The ‘ADWORDS’ referencing service8        When an internet user performs a search, on the basis of one or more words, on the Google search engine, that search engine will display the sites which appear best to correspond to those words, in decreasing order of relevance. These are referred to as the ‘natural’ results of the search.9        In addition, Google’s paid referencing ...

... 2008 to approximate the laws of the Member States relating to trade marks (codified version) (OJ 2008 L 299, p. 25), which came into force on 28 November 2008. Having regard to the date at which the facts occurred, however, the dispute in the main proceedings remain governed by Directive 89/104. The dispute in the main proceedings and the questions referred for a preliminary ruling The ‘ADWORDS’ referencing service5        When an internet user performs a search in the Google search engine on the basis of one or more words, the search engine will display the sites which appear best to correspond to those keywords, in decreasing order of relevance. These are referred to as the ‘natural’ results of the search.6        In addition, Google offers a paid ...

... or information provided by recipients of their service or obligations to communicate to the competent authorities, at their request, information enabling the identification of recipients of their service with whom they have storage agreements.’ II –  The disputes in the main proceedings and the questions referred for a preliminary ruling  A – The ‘ADWORDS’ referencing service 22      Google operates an internet search engine. When an internet user performs a search on the basis of one or more words, the search engine will display the sites which appear best to correspond to those words, in decreasing order of relevance. These are referred to as the ‘natural’ results of the search. ...