IP case law Court of Justice

Referral C-616/25 (Elektrizace železnic Praha, 18 Sep 2025)



1 Is Article 91(1) of [Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs] to be interpreted as meaning that [an EU design court may] stay proceedings on claims stemming from an alleged infringement of a registered EU design only when the application for a declaration of invalidity of the registered EU design was filed at [EUIPO] prior to the application initiating proceedings being lodged at that court ?
2 If the answer to the first question is in the negative, does the fact that the application for a declaration of invalidity of a registered EU design was filed at [EUIPO], albeit after the lodging before the EU design court of the application initiating proceedings, but a short time afterwards (less than 30 days) and before that court had informed the defendant that that application had been lodged, constitute a special ground for continuing the hearing ?


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