Liability for damages when goods are withheld at the customs

Case No. O2020_018 | Judgment of 4 January 2022 | ‘Customs assistance’

HEADNOTE

Art. 86k para. 2 PatA; Assistance provided by the customs administration, damages:

If no preliminary measures are ordered after goods have been withheld by customs, the applicant is liable for the damage caused by the withholding irrespective of whether the goods are patent-infringing.

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