IPPT20111018, CJEU, Realchemie v Bayer

Print this page 10-12-2011
IPPT20111018, CJEU, Realchemie v Bayer

LITIGATION – PRIVATE INTERNATIONAL LAW

 

BRUSSELS REGULATION AND ENFORCEMENT DIRECTIVE

 

Concept of ‘civil and commercial matters’ includes payment of fine to ensure compliance with judgment
• the concept of ‘civil and commercial matters’ in Article 1 of Regulation No 44/2001 must be inter-preted as meaning that that regulation applies to the recognition and enforcement of a decision of a court or tribunal that contains an order to pay a fine in order to ensure compliance with a judgment given in a civil and commercial matter

 

Costs of exequatur procedure are legal costs within meaning of Enforcement Directive
• Consequently, the answer to the second question is that the costs relating to an exequatur procedure brought in a Member State, in the course of which the recognition and enforcement is sought of a judgment given in another Member State in proceedings seeking to enforce an intellectual property right, fall within Article 14 of Directive 2004/48.

 

IPPT20111018, CJEU, Realchemie v Bayer