
Preliminary ruling request on the disclosure obligations in IP enforcement , published in OJ
A preliminary ruling request has been submitted by the Czech Supreme Court to the Court of Justice of the European Union in the case of RÖSLE GROUP GmbH v EVROmat a.s. concerning alleged infringement of Community designs. RÖSLE claims EVROmat marketed a product identical to its protected rainwater valve designs. While the Prague City Court dismissed the claims, the High Court partially upheld them, ordering EVROmat to cease its activities and disclose information on the product’s distribution—but refused to require supporting documents. The High Court argued that Czech law mandates information disclosure but not the submission of documents, which would disproportionately burden the respondent. Both parties appealed this ruling, with RÖSLE arguing that omitting documentation undermines EU Directive 2004/48/EC’s enforcement effectiveness. The referring court now seeks clarification from the CJEU on whether Article 8 of the Directive requires courts to demand not just information, but also supporting documents to verify its accuracy.
Read the official publication here.