EUPillar Swift v. Swiftpay International Ltd - KG Kh. Nijvel, 9 March 2005

Summary

The applicant is a renowned operator of systems to facilitate financial transactions and is active in more than 200 countries. Belgium, Luxembourg and The Netherlands are among the 10 countries where SWIFT is used the most. The service brand, trade name and corporate name “SWIFT” have been in use for over 30 years. The applicant noticed that the defendant made use in the Benelux and more precisely in the judicial district of Nivelles, of the designations “SWIFT” and “SWIFTPAY”. The applicant seeks to obtain an injunction ordering the defendant to stop using these signs. The defendant contests the jurisdiction of the court. However, even if the alleged infringements originate abroad, the disputed acts end in Belgium. The applicant submits a bailiff’s report to the court attesting to the fact that the bailiff has access to the defendant’s services from the judicial district of Nivelles and that the received promotional materials there. The place of the (potential) damage is located at the applicant’s head office in Nivelles. Short critique The Court does not refer to any case law of the ECJ in relation to the place of damage.