Application Decision

1. The UPC “shall be deemed to be a court of a Member State” pursuant the Article 71a of the Regulation (EU) n. 1215/2012 (recast) as amended by Regulation (EU) 542/2014. Its interpretation provided for by the Court of Justice of the European Union apply to the UPC as it were a national court. 2. In light of Court of Justice decision in case C-339/2022, 25 February 2025, UPC Milan Local Division has universal jurisdiction to adjudicate on infringement issues related to European patents over the defendants domiciled in Italy pursuant to Article 32 UPCA as well as pursuant to Articles 4(1) and 71a and 71b of the Regulation (EU) n. 1215/2012 (recast) as amended by Regulation (EU) 542/2014. Different interpretation would have the effect of recognising that the UPC has less territorial jurisdiction than a national court, contrary to the provisions of Article 71a 7f the Regulation (EU) n. 1215/2012 (recast) as amended by Regulation (EU) 542/2014. 3. UPC Milan Local Division, in case it is the Court of the domicile of the defendant, has jurisdiction to adjudicate on infringement issues related to European patents validated in non-UPC Countries, in this case in Spain.

Keywords rule 19 RoP, art. 31 and 34 UPCA