Official Journal of the European Union

C 38/37

Request for a preliminary ruling from the Oberlandesgericht Düsseldorf (Germany) lodged on 23 November 2015 — Hummel Holding A/S v Nike Inc. and Nike Retail B.V.

(Case C-617/15)

(2016/C 038/50)

Language of the case: German

Referring court

Oberlandesgericht Düsseldorf

Parties to the main proceedings

Applicant: Hummel Holding A/S

Defendants: Nike Inc., Nike Retail B.V.

Question referred

Under which circumstances is a legally distinct second-tier subsidiary, with its seat in an EU Member State, of an undertaking that itself has no seat in the European Union to be considered as an ‘establishment’ of that undertaking within the meaning of Article 97(1) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark? (1)

(1)  OJ 2009 L 78, p. 1.