JURE SUMMARY

JURE SUMMARY

An Italian company received the concession, on the basis of a licensing agreement, to use the technology of two French companies. Thereafter, the Italian company transferred its business to another Italian company. The French companies challenged the use by the second company of the patents and technologies that had been transferred originally to the first Italian company. Thereafter the Italian company sued the French companies before the Tribunale of Lodi (IT) for unfair competition in Italy. It sought, inter alia, the establishment that the French companies could not argue a monopoly concerning the patents in question and that it had the right to use the technical know-how acquired. The defendants challenged the jurisdiction of the Italian courts. The Tribunale of Lodi (IT) according to Article 5(3) Brussels Convention declares itself competent over the claim for unfair competition. However according to the opinion of the court, this provision cannot be the basis for the jurisdiction of the Italian courts with regard to the action for a negative declaratory judgment since Article 5(3) supposes that the harmful event has already occurred. It cannot invoke Article 22 Brussels Convention with regard to the claim on the basis of which the plaintiff argues its right to use the patents and technologies that were transferred to it by the other company. This provision does not confer any legal jurisdiction and does not confer the right to the court of a Contracting State to determine a claim which is connected to another claim invoked before it (ECJ 24.6.1981 - 150/80 - Elefanten Schuh GmbH/Jacqmain).