The Council agreed on a general approach on a
proposal for a regulation amending Regulation 1215/2012 on
jurisdiction and the recognition and enforcement of judgments in
civil and commercial matters (Recast).
On 19 February 2013, 25 Member States signed an
Agreement on a Unified Patent Court (UPC). The creation of
such a court was made necessary by the adoption of two regulations
with a view to implementing enhanced cooperation in the area of the
creation of unitary patent protection and its translation
arrangements.
The main objective of the proposal is to regulate the
relationship between Regulation 1215/2012 and the UPC Agreement, it
also takes into account the existence of the Benelux Court of
Justice and the international jurisdiction to be exercised by that
Court in specific matters which are covered by Regulation
1215/2012.
The main amendments introduced by the general
approach were as follows:
- The Unified Patent Court and the Benelux Court of
Justice should be considered common courts within the
meaning of Regulation (EU) No 1215/2012 in order to ensure legal
certainty and predictability for defendants who may be sued before
those two courts at a location situated in a Member State other
than the one designated by the rules of Regulation (EU) No
1215/2012.
- The common court shall have jurisdiction where, under
this Regulation, the courts of a Member State party to the
agreement establishing the common court would have jurisdiction in
a matter governed by that agreement.
- Where the defendant is not domiciled in a Member
State, and this Regulation does not otherwise confer jurisdiction
over him, provisions of the Regulation 1215/2012 shall apply as
appropriate regardless of the defendant's
domicile.
- Where a common court has jurisdiction over a defendant
in a dispute relating to an infringement of a European patent
giving rise to damage within the Union, that court may also
have jurisdiction in relation to damage arising outside the Union
from such an infringement.
Such jurisdiction may only be established if property
belonging to the defendant is located in a Member State party to
the agreement establishing the common court.
- The rules of this Regulation shall apply to the
recognition and enforcement of:
-
- judgments given by a common court which are to be
recognised and enforced in a Member State not party to the
agreement establishing the common court; and
- judgments given by the courts of a Member State not
party to the agreement establishing the common court which are to
be recognised and enforced in a Member State party to that
agreement.
- The rules of this Regulation shall not apply to the
recognition and enforcement of judgments given by a common court
where such recognition and enforcement is sought in a Member State
party to the agreement establishing the common court.
It should be noted that the United Kingdom and
Ireland have notified their wish to take part in the adoption
and application of this Regulation. Denmark is not taking part in
the adoption of this Regulation and is not bound by it or subject
to its application.
This general approach will constitute the basis for
negotiations with the European Parliament in order to agree the
final text of the regulation.