Judgment_paragraph 74 · Diageo Brands BV v Simiramida-04 EOOD (C-681/13)

74It is apparent from the measures, procedures and remedies provided for in Directive 2004/48 that the legal remedies designed to ensure the protection of intellectual property rights are supplemented by actions for damages which are closely linked to them. Thus, whereas Articles 7(1) and 9(1) of that directive provide for provisional and precautionary measures intended, in particular, to prevent any imminent infringement of an intellectual property right, which include, inter alia, the seizure of goods suspected of infringing such a right, Articles 7(4) and 9(7) of that directive provide, for their part, for measures enabling the defendant to claim compensation where it is subsequently found that there has been no infringement or threat of infringement of an intellectual property right. As is apparent from recital 22 in the preamble to that directive, those compensation measures constitute guarantees which the legislature deemed necessary as a counterweight to the prompt and effective provisional measures for which it made provision.