27.4.2015
EN
Official Journal of the European Union
C 138/34
Request for a preliminary ruling from the Hof van beroep te Antwerpen (Belgium) lodged on 9 February 2015 — United Video Properties Inc. v Telenet NV
(Case C-57/15)
(2015/C 138/46)
Language of the case: Dutch
Referring court
Hof van beroep te Antwerpen
Parties to the main proceedings
Appellant: United Video Properties Inc.
Respondent: Telenet NV
Questions referred
1.
Do the terms ‘reasonable and proportionate legal costs and other expenses’ in Article 14 of the Enforcement Directive (1) preclude the Belgian legislation which offers courts the possibility of taking into account certain well-defined features specific to the case and which provides for a system of varying flat rates in respect of costs for the assistance of a lawyer?
2.
Do the terms ‘reasonable and proportionate legal costs and other expenses’ in Article 14 of the Enforcement Directive preclude the case-law which states that the costs of a technical adviser are recoverable only in the event of fault (contractual or extra-contractual)?
(1) Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (OJ 2004 L 157, p. 45).
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