2026-05-19 - LD The Hague - BMS Innovations v. BYD - UPC-CFI-0002228/2025
- Aktenzeichen:
- UPC-CFI-0002228/2025
- Datum:
- Spruchkörper:
- Court of First Instance - The Hague (NL) Local Division
- Art:
- Order
- Parteien:
- BMS Innovations, LLC v. BYD Company Ltd et al
Kernaussage: The Hague LD partly upheld a R.
2026-05-19 - LD The Hague - BMS Innovations
v.
BYD - UPC-CFI-0002228/2025
notable
The Hague LD partly upheld a R. 19/20 RoP preliminary objection on international jurisdiction in an infringement action concerning EP 3 393 001. The Court held that it has no jurisdiction over the UK-domiciled defendant BYD UK because the only asserted infringing acts occur in the United Kingdom — outside both UPCA and EU territory — and Art. 8(1) Brussels I bis, read with Art. 71b(2), cannot be invoked to create jurisdiction where there is no connection at all to the addressed court. By contrast, the long-arm objection of the Chinese co-defendants BYD Company and BYD Auto concerning their alleged UK acts is deferred to the main proceedings, as the pending CJEU referral in Dyson v Dreame (UPC_CoA_813/2025) may be dispositive. BYD's own request to refer questions on Art. 8(1) and 71b(2) BR was refused because the underlying condition was not met.