IPPT20230427, CJEU, Castorama Polska
For right of information of article 8 of the Enforcement Directive, the applicant must show he is actually the holder of the IP right in question. Applicant must provide any reasonably available evidence enabling the court to satisfy itself with a sufficient degree of certainty that the applicant is the rightholder. It will be for the referring court to assess the justification for and proportionality of the request for information before it and to ascertain that the applicant in the main proceedings has not abused that request.
