DHL Express (Intellectual property) French Text [2010] EUECJ C-235/09 (07 October 2010)

DHL Express (Intellectual property) French Text [2010] EUECJ C-235/09 (07 October 2010)

An injunction issued by a Community trademark court, unless expressly limited, has effect throughout the EU. Coercive measures (astreinte) to ensure compliance are governed by the law of the forum and are enforceable in other Member States, subject to recognition and enforcement procedures. If the law of the Member...

Source-derived case information.

Citation
[2010] EUECJ C-235/09
Parties
Defendant: DHL Express (France) SAS, anciennement DHL International SA; Applicant: Chronopost SA
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Opinion of Advocate General
Outcome
Preliminary questions answered; injunctions have EU-wide effect; coercive measures governed by law of forum and enforceable across EU.
Legal Topics
Community Trademark, Territorial Scope of Injunctions, Sanctions for Infringement, Recognition and Enforcement of Judgments
Intellectual Property Civil Procedure European Union Law Community Trademark Territorial Scope of Injunctions Sanctions for Infringement Recognition and Enforcement of Judgments

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Parties

DHL Express (France) SAS, anciennement DHL International SA

Defendant

Chronopost SA

Applicant

Procedural Posture

Preliminary Reference / Opinion of Advocate General

  1. 1 Does an injunction issued by a Community trademark court have effect throughout the EU?
  2. 2 Are coercive measures (astreinte) attached to such injunctions enforceable in other Member States?
  3. 3 What law governs the imposition and enforcement of such measures?

Ratio Decidendi

An injunction issued by a Community trademark court, unless expressly limited, has effect throughout the EU. Coercive measures (astreinte) to ensure compliance are governed by the law of the forum and are enforceable in other Member States, subject to recognition and enforcement procedures. If the law of the Member State where enforcement is sought does not provide for such measures, equivalent national measures must be applied to achieve the same objective.

Court Disposition

Preliminary questions answered; injunctions have EU-wide effect; coercive measures governed by law of forum and enforceable across EU.

Orders

  • Community trademark injunctions have effect throughout EU unless expressly limited.
  • Coercive measures (astreinte) are governed by law of forum and enforceable in other Member States.