Language of document :

Reference for a preliminary ruling from the Tribunale Civile Di Genova lodged on 24 March 2006 - Alessandro Tedesco v Tomasoni Fittings SrL, RWO Marine Equipment Ltd

(Case C-175/06)

Language of the case: Italian

Referring court

Tribunale Civile Di Genova

Parties to the main proceedings

Applicant: Alessandro Tedesco

Defendant: Tomasoni Fittings SrL, RWO Marine Equipment Ltd

Question(s) referred

Is a request for obtaining a description of goods under Articles 128 and 130 of the Italian Code of Industrial and Intellectual Property, in accordance with the formal terms of the order made by this court in the present case, one of the forms of the taking of evidence prescribed by Council Regulation (EC) No 1206/2001 of 28 May 2001 1(on cooperation between the courts of the Member States in the taking of evidence in civil and commercial matters) by which the courts of one Member State may, on the basis of that regulation, request that the competent court of another Member State should itself take that evidence?

If the answer to question 1 is yes and the request for obtaining a description is incomplete or fails to comply with the conditions under Article 4 of the regulation, is the court to which the request is made under an obligation to:

(a)    send an acknowledgment of receipt in accordance with the conditions laid down by Article 7 of the regulation;

(b)     indicate any respect in which the request may be incomplete so as to enable the requesting court to complete and/or amend its request?


1 - OJ L 174, page 1