Article 8

A person domiciled in a Member State may also be sued:
 (1) where he is one of a number of defendants, in the courts for the place where any one of them is domiciled, provided the claims are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings;
(2) as a third party in an action on a warranty or guarantee or in any other third-party proceedings, in the court seised of the original proceedings, unless these were instituted solely with the object of removing him from the jurisdiction of the court which would be competent in his case;
(3) on a counter-claim arising from the same contract or facts on which the original claim was based, in the court in which the original claim is pending;
(4) in matters relating to a contract, if the action may be combined with an action against the same defendant in matters relating to rights in rem in immovable property, in the court of the Member State in which the property is situated.

UPC Case Law (see also Article 33 UPCA)

Court of Appeal

IPPT20260306, UPC CoA, Dyson v Dreame
Cross border jurisdiction of the UPC for Spain follows from the fact that Eurep is domiciled in a Contracting Member State of the UPCA, namely Germany (Article 4 Brussels, Article 71b(1) Brussels”). Jurisdiction pursuant to these provisions is not limited to acts of the defendant within the UPC Territory. The connection with the UPC Territory is established by the domicile of the defendant, and not the location where the acts of the defendant occurred. Accordingly, contrary to the view expressed by Dreame and the Hamburg Local Division, it is not necessary to examine the plausibility of any acts committed by Eurep in Spain for the purposes of establishing jurisdiction in respect of Eurep. Court of Appeal refers questions to the CJEU regarding - jurisdiction under Article 8 Brussels Regulation over a defendant domiciled in a third state (China) concerning infringement in a non-UPC EU Member State (Spain) and co-defendant Eurep, an alleged intermediary whose services are used to infringe, - jurisdiction under Article 71b(2), second sentence regarding provisional measures against a defendant domiciled in a third state (China) concerning infringement in both a non-UPC EU Member State (Spain) and  UPC Contracting Member States when offering the same products in all those EU Member States through websites that are identical apart from the language,- Impact of Article 9(1)(a) of the Enforcement Directive 
 

Court of First Instance

IPPT20260421, UPC CFI, LD Milan, Dainese v Alpinestars
Jurisdiction of the UPC in infringement action regarding all defendants, including Spanish defendant (Article 8 Brussels I) for the allegedly infringing conduct committed in Spain by all the defendants: with regard to Defendants nos. 1 and 2, (based on the general rule of the forum of domicile) with regard to Defendant no. 6, based on article 8 Brussels I: risk of irreconcilable judgements, same situation of fact and law, predictability and non abusive summoning. Stay of infringement action in respect of Spanish action (R. 295(m) RoP) until the irrevocable decision on validity of the national Spanish portion of EP’364. 

IPPT20250814, UPC CFI, LD Hamburg, Dyson v Dreame
The international jurisdiction with respect to Defendant 4) follows Art. 8(1) BR. No plausible allegation of infringing acts by Defendants 2 and 4  in Spain.  the Applicant did not provide any reliable facts that Defendant 2) is or was involved in any marketing of the attacked embodiments in Spain. The same applies to Defendant 4). Defendant 3) is subject to the universal jurisdiction of the UPC at its seat, including alleged infringing acts with respect to the Spanish national part of the patent in suit. As Authorized Representative” pursuant to the EU regulations 2023/988/EU on general product safety (GPSR) and 2019/1020/EU on market surveillance and compliance of products, Defendants 3 is an essential party in the distribution in the EU. Without an authorized representative in the EU, Defendant 1) is not legally able to sale the attacked embodiments in the EU. Defendant 3 serves as an anchor defendant for the international jurisdiction with respect of Defendant 1) regarding the Spanish national part of the patent, if the criteria of Art. 8 (1) BR are met. 

IPPT20250523, UPC CFI, LD The Hague, Genevant v Moderna
Jurisdiction regarding Moderna Poland, Moderna Norway and Spain because of allegation that Moderna Poland, Moderna Norway and Spain each not only infringe individually (asserting that jurisdiction can be based on Art. 7(2) BR), but that they also infringe the patent jointly with Moderna Netherlands in their home country. Therewith they infringe the same (national parts of a European) patent with the same product, which is enough connectivity to consider them co-defendants within the meaning of Art. 8(1) BR.