Request for a preliminary ruling from the Fővárosi Törvényszék (Hungary) lodged on 21 April 2015 — Daimler AG v Együd Garage Gépjárműjavító és Értékesítő Kft.

(Case C-179/15)

Language of the case: Hungarian

Referring court

Fővárosi Törvényszék

Parties to the main proceedings

Applicant: Daimler AG

Defendant: Együd Garage Gépjárműjavító és Értékesítő Kft.

Question referred

Must Article 5(1)(b) of First Council Directive 89/104/EEC ¹ of 21 December 1988 to approximate the laws of the Member States relating to trade marks be interpreted as meaning that the trade mark proprietor is entitled to take action against a third party named in an advertisement on the internet, which features a sign likely to be confused with the trade mark, referring to a service of that third party identical to the goods or services for which the trade mark is registered, in such a way that the public might be given the mistaken impression that there is an official commercial relationship between the undertaking of that third party and the trade mark proprietor, even though the advertisement was not placed on the internet by the person featuring in it or on his behalf, and it is possible to access that advertisement on the internet despite the fact that the person named in it took all reasonable steps to have it removed, but did not succeed in doing so?