Rule of jurisdiction under Benelux Treaty allowed for functioning of Benelux Union

14-07-2016 Print this page
IPPT20160714, CJEU, Brite Strike

LITIGATION - TRADE MARK LAW

 

Rule of jurisdiction of article 4.6 BCIP(court of the place of registration) as a special rule of jurisdiction is allowed under article 71 of Council Regulation No 44/2001 as indispensible to the functioning of the Benelux Union (article 350 TFEU).

 

"Article 71 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, read in the light of Article 350 TFEU, does not preclude the application to those disputes of the rule of jurisdiction for disputes relating to Benelux trademarks and designs, laid down in Article 4.6 of the Benelux Convention on Intellectual Property (Trade Marks and Designs) of 25 February 2005, signed in The Hague by the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands"

 

IPPT20160714, CJEU, Brite Strike

 

C-230/15 - ECLI:EU:C:2016:560