Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 12 August 2019 — Husqvarna AB v Lidl E-Commerce International GmbH & Co. KG

(Case C-607/19)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Applicant: Husqvarna AB

Defendant: Lidl E-Commerce International GmbH & Co. KG

Questions referred

In the case of a counterclaim seeking a declaration that an EU trade mark has lapsed, which was filed prior to the expiry of the period of five years of non-use, is the establishment of the date which is decisive for the calculation of the period of non-use in the context of the application of Article 51(1)(a) CTMR ¹ and Article 58(1)(a) EUTMR ² covered by the provisions of the Community Trade Mark Regulation and the European Union Trade Mark Regulation?

If Question 1 is to be answered in the affirmative: In the calculation of the period of five years of non-use pursuant to Article 51(1)(a) CTMR and Article 58(1)(a) EUTMR in the case of a counterclaim, filed prior to expiry of the period of five years of non-use, for a declaration that an EU trade mark has lapsed, is account to be taken of the date of filing of the counterclaim or of the date of the last hearing in the appeal on the merits?

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

²     Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (OJ 2017 L 154, p. 1).