The Supreme Court of Slovenia has issued an important decision in a customs infringement case, which ensued following the detention of a large shipment of counterfeit cosmetic products, bearing the mark of a well-known multinational consumer goods company, in transit through Slovenia to another EU Member State. The decision addressed the question of whether it is possible to claim storage and destruction costs from infringers. The Supreme Court's decision partially reversed the controversial decision of the Higher Court of Ljubljana, which in spite of establishing infringement, refused the IP rights holder's claims to: 1. An order for the infringer to destroy the infringing goods at the infringer's expense; and 2. An order the infringer to cover storage costs.
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