The CJEU on Italian IP law: preliminary injunctions cannot become final without proceedings on the merits

The CJEU, following a referral from the Italian Court of Cassation, has clarified that Article 132(4) of the Italian IP Code is incompatible with EU law: a national provision cannot allow a preliminary injunction to remain in force if the right holder fails to bring proceedings on the merits within the prescribed time limit and the defendant applies for its revocation.