2026-04-14 - LD Paris - BMS Innovations v. BYD - UPC-CFI-0002070/2025
- Aktenzeichen:
- UPC-CFI-0002070/2025
- Datum:
- Spruchkörper:
- Court of First Instance - Paris (FR) Local Division
- Art:
- Decision
- Parteien:
- BMS Innovations, LLC v. 1. BYD Company Ltd - 2. BYD Auto Co., Ltd 3. BYD Europe B.V. 4. BYD France SAS 5. BYD Automotive GmbH 6. BYD Mobility GmbH 7. BYD (U.K.) Co., Ltd.
Kernaussage: ENGLISH:
2026-04-14 - LD Paris - BMS Innovations
v.
BYD - UPC-CFI-0002070/2025
ENGLISH:
The Paris Local Division has no international jurisdiction over a defendant domiciled in a third country (non-UPC, non-EU), who is not alleged to have committed any act of infringement within the territory of a Member State of the European Union.
notable
The Paris Local Division dismissed the infringement action for lack of international jurisdiction as against defendants domiciled in a third country (outside both the UPC Contracting Member States and the EU) where no infringing act is alleged to have occurred within the territory of an EU Member State. The court therefore declined to exercise jurisdiction over the Chinese-based BYD defendants absent EU-territorial infringing conduct, consistent with the Brussels I Recast framework incorporated through Art. 31 UPCA.
Stichwörter
ENGLISH:
International jurisdiction- defendant domiciled in a third-country- No alleged infringing act committed within the European Union.