Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 1 February 2024 – Tradeinn Retail Services S.L. v PH

(Case C-76/24, Tradeinn Retail Services)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Defendant and appellant on a point of law: Tradeinn Retail Services S.L.

Applicant and respondent on a point of law: PH

Questions referred

Is a proprietor of a national trade mark, under Article 10(3)(b) of Directive (EU) 2015/2436 ¹ allowed to prohibit a person in another country from stocking goods that infringe his or her trade mark for the purpose of offering those goods or putting them on the market in the country in which the trade mark is protected?

Does the concept of stocking within the meaning of Article 10(3)(b) of Directive (EU) 2015/2436 depend on the possibility of actually accessing goods in infringement of trade mark or is the possibility of being able to influence the person with actual access to those goods sufficient?

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¹ Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (recast) (OJ 2015 L 336, p. 1).