Reference for a preliminary ruling from the Bundesgerichtshof (Germany), lodged on 31 July 2012 - Coty Prestige Lancaster Group GmbH v First Note Perfumes NV

(Case C-360/12)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Applicant and appellant on a point of law: Coty Prestige Lancaster Group GmbH

Defendant and respondent on a point of law: First Note Perfumes NV

Questions referred

Is Article 93(5) of Regulation (EC) No 40/94 ² to be interpreted as meaning that an act of infringement is committed in one Member State (Member State A), within the meaning of Article 93(5) of Regulation (EC) No 40/94, in the case where, as a result of an act in another Member State (Member State B), there is participation in the infringement in the first-named Member State (Member State A)?

Is Article 5(3) of Regulation (EC) No 44/2001  to be interpreted as meaning that the harmful event occurred in one Member State (Member State A) if the tortious act which is the subject of the action or from which claims are derived was committed in another Member State (Member State B) and consists in participation in the tortious act (principal act) which took place in the first-named Member State (Member State A)?

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¹ - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).

² - Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1).