15.10.2005   

EN

Official Journal of the European Union

C 257/4

Reference for a preliminary ruling from the Högsta Domstolen by order of that court of 9 August 2005 in Nokia Corporation v Joacim Wärdell

(Case C-316/05)

(2005/C 257/07)

Language of the case: Swedish

Reference has been made to the Court of Justice of the European Communities by order of the Högsta Domstolen (Supreme Court) of 9 August 2005, received at the Court Registry on 16 August 2005, for a preliminary ruling in the proceedings between Nokia Corporation and Joacim Wärdell on the following questions:

1.

Is the condition relating to special reasons in the first sentence of Article 98(1) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark to be interpreted as meaning that a court which finds that the defendant has infringed a Community trade mark may, irrespective of the other circumstances, refrain from issuing a specific prohibition of further infringement if the court considers that the risk of further infringement is not obvious or is otherwise merely limited?

2.

Is the condition relating to special reasons in the first sentence of Article 98(1) of the Regulation on the Community trade mark to be interpreted as meaning that a court which finds that the defendant has infringed a Community trade mark may, even if there is no such ground for refraining from issuing a prohibition of further infringement as contemplated in Question 1, refrain from issuing such a prohibition on the grounds that it is clear that a further infringement is covered by a statutory general prohibition of infringement under national law and that a penalty may be imposed on the defendant if he commits a further infringement intentionally or with gross negligence?

3.

If the answer to Question 2 is no, must specific measures, by which a prohibition is for example coupled with a penalty, be taken in such a case to ensure that the prohibition is complied with, even where it is clear that a further infringement is covered by a statutory general prohibition of infringement under national law and that a penalty may be imposed on the defendant if he commits a further infringement intentionally or with gross negligence?

4.

If the answer to Question 3 is yes, does this apply even where the conditions for adopting such a specific measure in the case of a corresponding infringement of a national trade mark would not be regarded as fulfilled?