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HCCJ. Pleading for the banking secret in order to deny giving information on the account holder

The High Court of Cassation and Justice has published on Thursday, 16th of July 2015, the decision pronounced in cause C-580/13, Coty Germany, regarding: Intellectual and Industrial Property Rights – counterfeited merchandise sale – The right to obtain information during an action concerning intellectual property rights which were previously prejudiced – The regulation enforced by a member state which authorizes the banking institutions to decline to favourable answer to a request to offer information in respect to a banking account (banking secret).

This demand was advanced during a lawsuit between Coty Germany GmbH, company which, on one hand, holds some intellectual property rights, and, on the other hand, a banking institution, Stadtsparkasse Magdeburg, regarding its refusal to supply Coty Germany with the appropriate information about a banking account.

In this context, the Court has stated that art. 8 par. 3 let. e of the Directive 2004/48/EC of the European Parliament and the Council from 29th of April 2004 on the compliance of the intellectual property rights has to be interpreted so as to consider it to be opposed to a national provision as the one referred to in the main lawsuit, which authorizes, limitlessly and unconditionally, a banking institution to invoke the banking secret, in order to be able to refuse to give, according to art. 8 par. 1 let. c from the directive in discussion, information in regards to the name and address of the account holder.

:: The Source: JURIDICE.ro

Alexandra-Adriana DOBRIȘAN

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