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The Admissibility of Cross-Border Injunctions in Intellectual Property Cases in the Netherlands ― European Court of Justice of 12 July 2012

17 August 2012

On 12 July 2012, the European Court of Justice ("CJEU") rendered a judgment between Solvay and Honeywell relating to the admissibility of cross-border injunctions in Intellectual Property cases in the Netherlands (case C-616/10).

Introduction

Solvay is the proprietor of a European patent protecting, in essence, a product called HFC-245 fa. Solvay found out that one Dutch and two Belgium entities of the Honeywell group were marketing a product called HFC-245 fa, which is identical to the product covered by the patent. In this respect, Solvay instituted legal action against said Honeywell entities before the District Court of The Hague for patent infringement claiming a preliminary injunction with cross-border effect for the duration of the proceedings on the merits. In view of the cross-border preliminary injunction requested by Solvay, the District Court of The Hague referred questions to the CJEU concerning the interpretation of, inter alia, articles 6(1), 22(4) and 31 Council Regulation (EC) 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters  (the "Regulation"). In other words, the District Court referred questions to the CJEU seeking guidance regarding its jurisdiction to grant a cross-border injunction in both interim relief proceedings and proceedings on the merits.

The team

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