Bayerische Motoren Werke AG v Acacia Srl

European Union – Intellectual property rights. The rule on jurisdiction set out in art 5(3) of Council Regulation (EC) 44/2001 did not apply to actions for a declaration of abuse of a dominant position and of unfair competition that were connected to actions for a declaration of non-infringement, in so far as granting those applications presupposed that the action for a declaration of non-infringement was allowed. The Court of Justice of the European Union so held, in a preliminary ruling, in proceedings between Bayerische Motoren Werke AG (BMW) and Acacia Srl concerning the determination of the court with jurisdiction to hear an action brought by Acacia against BMW.

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