(Case C-123/20 Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 4March 2020— Ferrari SpA v Mansory Design & Holding GmbH, WH
Fecha: 01-Dic-2001
Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 4March 2020— Ferrari SpA v Mansory Design & Holding GmbH, WH
(Case C-123/20)
Language of the case: German
Referring court
Bundesgerichtshof
Parties to the main proceedings
Applicant: Ferrari SpA
Defendants: Mansory Design & Holding GmbH, WH
Questions referred
Can unregistered Community designs in individual parts of a product arise as a result of disclosure of an overall image of a product in accordance with Article11(1) and the first sentence of Article11(2) of Regulation (EC) No6/2002?1
If Question 1 is answered in the affirmative:
What legal criterion is to be applied for the purpose of assessing individual character in accordance with Article4(2)(b) and Article6(1) of Regulation (EC) No6/2002 when determining the overall impression of a component part which— as in the case of a part of a vehicle’s bodywork, for example— is to be incorporated into a complex product? In particular, can the criterion be whether the appearance of the component part, as viewed by an informed user, is not completely lost in the appearance of the complex product, but rather displays a certain autonomy and consistency of form such that it is possible to identify an aesthetic overall impression which is independent of the overall form?