The ECJ held that Articles 1(2), 9(1)(b) and 102(1) of the EU trade mark (EUTM) Regulation (207/2009) meant that, where the earlier court found that the use of a sign created a likelihood of confusion within only one part of the EU the earlier court MUST issue an order which effectively splits the confusion.
The Regional Court in Dusseldorf found that  “combit” by a company selling software under the word sign “Commit” was only infringed for the average German-speaking consumer, but not for English-speaking consumers.
The decision followed from its judgment in DHL Express (France) SAS v Chronopost SA, Case C-235/09Â
http://curia.europa.eu/juris/document/document.jsf?text=&docid=183701&pageIndex=0&doclang=en&mode=req&dir=&occ=first&part=1&cid=815866
