The Higher Regional Court of Frankfurt/Main, applying the preliminary ruling of the EU Court of Justice, finds that a luxury perfume provider can prohibit unauthorised distribution over third-party websites (Coty Germany)

This judgment of the Higher Regional Court of Frankfurt/Main of 12 July 2018 applying the preliminary ruling of the CJEU of 6 December 2017 in the case Coty Germany GmbH v Parfümerie Akzente GmbH will reassure manufacturers of luxury products that they can protect such products from unauthorised distribution over third-party websites. Coty wanted to prohibit Parfümerie Akzente from distributing Coty products via third-party undertakings that were not authorised Coty distributors. Coty brought proceedings against Parfümerie Akzente before the Higher Regional Court of Frankfurt/Main. The Higher Regional Court suspended the case temporarily and referred

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Authors

  • McDermott Will & Emery (Brussels)
  • McDermott Will & Emery (Paris)
  • McDermott Will & Emery (Brussels)

Quotation

Philip Bentley, Jacques Buhart, Mai Muto, The Higher Regional Court of Frankfurt/Main, applying the preliminary ruling of the EU Court of Justice, finds that a luxury perfume provider can prohibit unauthorised distribution over third-party websites (Coty Germany), 12 July 2018, e-Competitions Bulletin July 2018, Art. N° 89680

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