It almost goes without saying that the Dutch courts have always been very lenient when it comes to assuming jurisdiction and granting cross-border injunctions.
It almost goes without saying that the Dutch courts have always been very lenient when it comes to assuming jurisdiction and granting cross-border injunctions. As we have mentioned before, the court in The Hague had been seemingly thwarted in the Solvay v Honeywell case.
The admissibility of this practice was questioned again and the Court of Justice of the European Union (CJEU) had the opportunity to rule on new questions. From the outset it was evident that the outcome of the case could either put an end to this practice or rule in favour of the Dutch courts and strengthen their competence. Either way, this decision would set clear lines.
The key facts of the case were as follows. Solvay, wishing to put an end to infringements of its European patents by the three Honeywell companies, sought provisional relief in the form of a cross-border injunction. Honeywell in turn raised the defence of invalidity of the national parts of the patent.
The rest of this article is locked for subscribers only. Please login to continue reading.
If you don't have a login, you will need to purchase a subscription to gain access to this article, including all our online content. Please use this link and follow the steps.
For multi-user price options, or to check if your company has an existing subscription to us that we can add you to for FREE, please email Atif Choudhury at firstname.lastname@example.org
Netherlands, Cross-border injunctions, CJEU, Solvay v Honeywell