The revirementof the United Chambers of the Supreme Court on the actions "Italian Torpedo"


With sentence No. 14508 of 10 June 2013, the United Chambers of the Supreme Court affirmed the existence of the Italian jurisdiction in relation to the application for the declaration of non-infringement of industrial products covered by a European patent proposed by a foreign company against foreign companies, with no seats in Italy.

The United Chambers deemed it necessary to extend this jurisdiction also to the German portion of the European patent. The Court held that such a dispute falls within the scope of Article 5, No. 3 of the EC Regulation 44/2001 ( "A person domiciled in a Member State may be sued in another Member State ... in matters relating to tort, delict or quasi - delict, in the courts for the place where the harmful event occurred or may occur" ), as interpreted by the European Court of Justice, with the judgment of 25 October 2012, in Case C-133/11.

The sentence in question represents therefore a revirement of the previous decisions of the Supreme Court on the same issue of law and it has the effect of facilitating the proposal of "Italian Torpedo " , which, as noted, are actions for the assessment of non-infringement of a patent, proposed by an alleged infringer in Italy in order to take advantage of the long time period of the Italian justice system, thereby blocking the actions for a declaration of infringement that the patente owner may want to bring before quicker European courts.

 
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