Regulation 2014/542 - Amendment of Regulation (EU) No 1215/2012 as regards the rules to be applied with respect to the Unified Patent Court and the Benelux Court of Justice - Main contents
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official title
Regulation (EU) No 542/2014 of the European Parliament and of the Council of 15 May 2014 amending Regulation (EU) No 1215/2012 as regards the rules to be applied with respect to the Unified Patent Court and the Benelux Court of Justice| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2014/542 |
| Original proposal | COM(2013)554  |
| CELEX number i | 32014R0542 |
| Document | 15-05-2014 |
|---|---|
| Publication in Official Journal | 29-05-2014; OJ L 163 p. 1-4 |
| Effect | 30-05-2014; Entry into force Date pub. +1 See Art 2 10-01-2015; Application See Art 2 |
| End of validity | 31-12-9999 |
29.5.2014 |
EN |
Official Journal of the European Union |
L 163/1 |
REGULATION (EU) No 542/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 15 May 2014
amending Regulation (EU) No 1215/2012 as regards the rules to be applied with respect to the Unified Patent Court and the Benelux Court of Justice
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular points (a), (c) and (e) of Article 81(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
On 19 February 2013, the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the French Republic, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand-Duchy of Luxembourg, Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland signed the Agreement on a Unified Patent Court (3) (the ‘UPC Agreement’). The UPC Agreement provides for its entry into force not prior to the first day of the fourth month after the date of entry into force of the amendments to Regulation (EU) No 1215/2012 of the European Parliament and of the Council (4) concerning the relationship of that Regulation with the UPC Agreement. |
(2) |
On 15 October 2012, the Kingdom of Belgium, the Grand-Duchy of Luxembourg and the Kingdom of the Netherlands, parties to the Treaty of 31 March 1965 concerning the establishment and statute of a Benelux Court of Justice (the ‘Benelux Court of Justice Treaty’), signed a Protocol amending that Treaty. That Protocol made it possible to transfer jurisdiction to the Benelux Court of Justice in specific matters falling within the scope of Regulation (EU) No 1215/2012. |
(3) |
It is necessary to regulate the relationship of Regulation (EU) No 1215/2012 with the UPC Agreement and with the Benelux Court of Justice Treaty by way of amendments to that Regulation. |
(4) |
The Unified Patent Court and the Benelux Court of Justice should be deemed to be courts within the meaning of Regulation (EU) No 1215/2012 in order to ensure legal certainty and predictability for defendants who could be sued in 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. |
(5) |
The amendments to Regulation (EU) No 1215/2012 provided for in this Regulation with regard to the Unified Patent Court are intended to establish the international jurisdiction of that Court and do not affect the internal allocation of proceedings among the divisions of that Court nor the arrangements laid down in the UPC Agreement concerning the exercise of jurisdiction, including exclusive jurisdiction, during the transitional period provided for in that Agreement. |
(6) |
As courts common to several Member States, the Unified Patent Court and the Benelux Court of Justice cannot, unlike a court of one Member State, exercise jurisdiction on the basis of national law with respect to defendants not domiciled in a Member State. To allow those two Courts to exercise jurisdiction with respect to such defendants, the rules of Regulation (EU) No 1215/2012 should therefore, with regard to matters falling within the jurisdiction of, respectively, the Unified Patent... |
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