Cross-Border Injunctions. Where Are We And Where Should We Go?

It is now 20 years ago that I argued for the first time in Monsanto v DSM that a Dutch Court could grant an injunction, which later became known as a cross-border (the better name) or pan-European injunction.

Many other countries of the EU, including Germany, France and Italy, have now accepted the view that Article 2 of the Brussels Convention (EEX) (now Regulation 44/2004) and Article 2 of the Lugano Convention (EVEX) give a national court jurisdiction over a defendant established in the territory of that court and the ability to deal with infringements of patents by that defendant in other EU or EVEX countries.

In Primus v Roche, the District Court of The Hague and then the Court of Appeal held the following (as summarized by the Dutch Supreme Court in its decision of 19 December 2003):