Provisional Cross-Border Jurisdiction in Patent Cases according to the CJEU in Solvay
Een bijdrage van Richard Ebbink, Brinkhof.
The Court of Justice of the European Union last year delivered a decision on the impact of the GAT/LuK decision on jurisdiction in preliminary infringement proceedings (Solvay/Honeywell red. IEF 11570).).
As the case below is continuing its way through the Dutch courts, the frequency of publications trying to make sense of the 2012 CJEU decision come down significantly. The majority of the commentators so far seem to conclude that the CJEU in Solvay gave the green light to cross-border jurisdiction in preliminary infringement proceedings.
This is a fresh attempt at establishing the impact of the Solvay decision on the interpretation of the relevant articles of the Brussels Regulation (EU Regulation 2001/44).
Leeswijzer:
Jurisdiction under the Brussels Regulation
GAT/LuK
Solvay/Honeywell
Article 31 rules
Article 22 has special scope
Reasonable possibility
Conclusion
Ratio
This is a European rule
