Intellectual Property, Precautionary measure, Art. 132 c.p.i., Supreme Court of Cassation, First Civil Section, Interlocutory Order no. 3332 of 10/02/2025
Intellectual property rights – Precautionary measure – Failure to start the trial on the merits – Ineffectiveness – Art. 132 c.p.i. – Contradiction with art. 9, paragraph 5, of dir. 2004/48/EC – Preliminary question.
The First Civil Section has ordered, pursuant to art. 267 TFEU, the transmission of the documents to the Court of Justice of the European Union, requesting a ruling on the following preliminary question:
«Shall the Court of Justice declare whether art. 9, paragraph 5, of dir. 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights, must be interpreted as precluding the provision contained in the national provision referred to in art. 132, paragraph 4, of the Italian Code of Criminal Procedure – Legislative Decree no. 30 of 2005 and subsequent amendments – according to which the prescription of the ineffectiveness of the precautionary measure in the event of failure to initiate the trial on the merits within a peremptory deadline, contained in paragraph 3 of the same art. 132 of the Italian Code of Criminal Procedure, does not apply to emergency measures issued pursuant to art. 700 of the Italian Code of Criminal Procedure and to other precautionary measures suitable for anticipating the effects of the judgment on the merits, although in such cases each of the parties may initiate the aforementioned trial on the merits».
Source Supreme Court of Cassation
