UPC CoA, 13 March 2026: Jurisdiction of UPC under Article 7 BR limited to the UPC territory
24-03-2026 Print this page
Preliminary objection granted: Jurisdiction of UPC under Article 7 BR limited to the UPC territory.
France as place of harmful event / where infringement is likely to occur (Article 7 BR, Article 33(1)(a) UPCA).
The Court of Appeal already clarified that the "place where the infringement occurred or is likely to occur" referred to in Art. 33(1)(a) UPCA should be interpreted in the same way as the place "where the harmful event occurred or is likely to occur" referred to in Article 7(2) BR.
Where the damage is allegedly caused via a website, these provisions do not require that the website be intended for users located in the territory of the Member States concerned, but simply that it be accessible within the jurisdiction of the court or division seised .
Jurisdiction of the UPC (as a common court) with regard to defendants domiciled outside of the EU is governed by the Brussels Regulation pursuant to Article 71b(2) BR.
The Statement of claim must contain sufficient facts and submissions to establish internal and international jurisdiction of the Court (R. 13 RoP, R. 19 RoP)).
In particular, where the claimant requests that the Court exercise its jurisdiction over the territory of States that are not members of the UPCA, the Statement of claim must contain the facts and legal arguments necessary to justify the jurisdiction of the Court in accordance with Article 71b(3) BR.
Jurisdiction of UPC under Article 7 BR limited to UPC territory. On the basis of Article 7(2) BR the UPC only has jurisdiction to hear cases concerning damage occurring in its territory, which is the only link between the court seised and the subject matter of the dispute.
