Case number and/or case name
ITF20090310 Tribunal of Torino (BI)
Details of the court
Italy, First Instance
Articles referred to by the court
Date of the judgement
09 March 2009
CJEU's case law cited by the court
Summary
Italian courts do not have jurisdiction over an action concerning the infringement of the English part of a European patent that has occurred in England, since the ascertainment of said infringement requires a preliminary ruling on the validity and enforceability of said part of the patent which is reserved exclusively to English courts pursuant to Article 22 No 4 of Regulation (EC) No 44/2001. Furthermore, Italian courts do not have jurisdiction over reciprocal claims of unfair competition occurred in England, based both on the fact that said claims are connected to the ruling on the validity of the patent and on the criterion of the place where the harmful event occurred or may occur within the meaning of Article 5(3) of said Regulation.