Upon referral from the Dusseldorf Higher Regional Court, the European Court of Justice (ECJ) ruled on May 18 2017 that a legally distinct second-tier subsidiary (with its seat in an EU member state) of a defendant parent body (with no seat in the European Union) was an “establishment” of that parent body under Article 97(1) of the EU Trademark Regulation 207/2009  on the grounds that the subsidiary was a centre of operations that, in the member state in which it was located:

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