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Judicial competence

The court which has the jurisdiction is the court of the member State where the defendant is domiciled (or in absence : has an establishment) (art 93).

 

ActionFirst InstanceSecond Instance
Counterclaims for revocation or for a declaration of invalidityEach member State establishes a list of the courts which have jurisdiction, in the absence of such a list, the court is the one which would have jurisdiction for a national markCourt of Appeal (conditions of appeal according to the national law)

Infringement action and - if it is permitted under national law - actions in respect of threatened infringement

Action for declaration of non-infringement, if it is permitted under national law

In an infringement action, provisional and protective measures (if they are permitted under national law) (art. 99)

In France : the President of the First Instance Court to which the action for infringement is referred (summary jurisdiction)Corresponding court of appeal

The decisions of the Appeal Court can be appealed to the Supreme Court. The appeal can be rejected or the judgement of the Appeal Court can be cancelled, in such case the case is referred to another Appeal Court.

Juridiction ratione loci

If there is only one defendant, the court which has competency is chosen according to :
- either the domicile ;
- or the place of the act of infringement (which can be different from the place where a seizure-infringement has been carried out) ;

If there are several defendants, the action can be entered before a court which has competency with respect to only one of them ;

If the defendant is a foreign person, the court which has competency is :
- the one of the domicile of the French plaintiff.