CJEU: Jurisdiction for declarations of non-infringement lies with courts of defendant’s EU domicile - No prorogation by raising jurisdiction objection
09-10-2025 Print this page
A challenge to the jurisdiction of the court seised, raised in the defendant’s first submission cannot be considered to be acceptance of the jurisdiction of the courts seised [Article 26 Brussels I recast Regulation]. When the defendant is domiciled in an EU member state actions for declaration of non-infringement under 81(b) of the Community Designs Regulation must be brought before the Community design courts of that Member State, except where there is prorogation of jurisdiction. [Article 7(3) Brussels I recast Regulation] does not apply to actions for a declaration of non-infringement under Article 81(b) of the Community Designs Regulation. Article 7(3) Brussels I recast Regulation] does not apply to actions for a declaration of abuse of a dominant position and of unfair competition that are connected to actions for a declaration of non-infringement, in so far as granting those applications presupposes that the action for a declaration of non-infringement is allowed.
