Realchemie Nederland BV v Bayer CropScience AG (Case C-406/09) – WLR Daily

Posted December 7th, 2011 in conflict of laws, EC law, intellectual property, law reports, news by sally

Realchemie Nederland BV v Bayer CropScience AG (Case C-406/09); [2011] WLR (D) 350

“Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p1) applied to the recognition and enforcement of a decision of a court or tribunal that contained an order to pay a fine in order to ensure compliance with a judgment given in a civil and commercial matter. The costs relating to an exequatur (enforcement) procedure brought in one member state, in the course of which the recognition and enforcement was sought of a judgment given in another member state in proceedings seeking to enforce an intellectual property right, fell within article 14 of Parliament and Council Directive 2004/48/EC of 29 April 2004 on the enforcement of intellectual property rights (OJ 2004 L 157, p 45).”

WLR Daily, 18th December 2011

Source: www.iclr.co.uk