PRIVATE INTERNATIONAL LAW
The concept ‘provision of services’
• That the second indent of Article 5(1)(b) of Regulation No 44/2001 must be interpreted as meaning that a contract under which the owner of an intellectual property right grants its contractual partner the right to use that right in return for remuneration is not a contract for the provision of services within the meaning of that provision.
Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
• That, in order to determine, under Article 5(1)(a) of Regulation No 44/2001, the court having jurisdiction over an application for remuneration owed pursuant to a contract under which the owner of an intellectual property right grants to its contractual partner the right to use that right, reference must continue to be made to the principles which result from the Court’s case-law relating to Article 5(1) of the Brussels Convention.
IPPT20090423, ECJ, Falco Privatstiftung and Rabitsch v Weller-Lindhorst
