31.10.2016   

EN

Official Journal of the European Union

C 402/17


Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 1 August 2016 — Hansruedi Raimund v Michaela Aigner

(Case C-425/16)

(2016/C 402/19)

Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Applicant: Hansruedi Raimund

Defendant: Michaela Aigner

Questions referred

1.

May an action for infringement of an EU trade mark (Article 96(a) of Regulation (EC) No 207/2009, (1) as amended by Regulation (EU) 2015/2424) be dismissed on the ground of an objection that the trademark application was filed in bad faith (Article 52(1)(b) of Regulation (EC) No 207/2009, as amended by Regulation (EU) 2015/2424) if, despite the defendant having brought a well-founded counterclaim for a declaration of invalidity of the EU trade mark (Article 99(1) of Regulation (EC) No 207/2009, as amended by Regulation (EU) 2015/2424), the court has not yet ruled on that counterclaim?

2.

If the answer is in the negative: May the court dismiss an action for infringement on the ground of an objection that the trademark application was filed in bad faith, if the court at least simultaneously upholds the counterclaim for a declaration of invalidity, or must the court delay the decision on the action for infringement in any event until the decision on the counterclaim is res judicata?


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark; OJ 2009 L 78, p. 1.