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Supreme Court of Denmark

Design law – refusal of request for a preliminary ruling 
18-06-2014 

Case no. 317/2013
 

Judgment delivered on 18 June 2014


Stormwear ApS
vs.
Yakkay A/S

Refusal of a request for reference of questions for a preliminary ruling to the EU Court of Justice concerning the Community Design Regulation

The case concerned Stormwear ApS's possible infringement of Yakkay A/S's registered Community design for the shell of a bicycle helmet when it sold and marketed the bicycle helmet "Cocoons" in the spring of 2011.

During the pre-trial stage before the Supreme Court, Stormwear ApS requested that questions be referred for a preliminary ruling to the EU Court of Justice concerning, among other things, Article 4(2) of the Community Design Regulation on complex products and Article 10 on the scope of the protection of a design.

The Supreme Court found that the questions depended on the circumstances of the case, and that the Community Design Regulation provisions cited did not give rise to doubt that would justify referring questions for a preliminary ruling to the EU Court of Justice on the interpretation of the Regulation. Accordingly, the Supreme Court refused the request.

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