# C_2011362EN.01000401.xml

| 10.12.2011 | EN | Official Journal of the European Union | C 362/4 |
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10.12.2011

EN

Official Journal of the European Union

C 362/4

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Judgment of the Court (Grand Chamber) of 18 October 2011 (reference for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — Realchemie Nederland BV v Bayer CropScience AG

(Case C-406/09) (1)

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(Regulation (EC) No 44/2001 - Jurisdiction and recognition and enforcement of judgments - Definition of ‘civil and commercial matters’ - Recognition and enforcement of an order imposing a fine - Directive 2004/48/EC - Intellectual property rights - Infringement of those rights - Measures, procedures and remedies - Sentence - Exequatur procedure - Related legal costs)

2011/C 362/05

Language of the case: Dutch

Referring court

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings

Parties to the main proceedings

Applicant: Realchemie Nederland BV

Applicant:

Defendant: Bayer CropScience AG

Defendant:

Re:

Re:

Reference for a preliminary ruling — Hoge Raad der Nederlanden — Interpretation of Article 1 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1) and of Article 14 of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (OJ 2004 L 157, p. 45) — Concept of civil and commercial matters — Breach of the injunction issued by a German court against importing certain pesticides into Germany or marketing them there — Fine — Enforcement of the order imposing that fine — Enforcement proceedings relating to costs orders made abroad in respect of penalties or fines for breach of an injunction against infringement of an intellectual property right

Operative part of the judgment

Operative part of the judgment

| 1. | The concept of ‘civil and commercial matters’ in Article 1 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that that regulation applies to the recognition and enforcement of a decision of a court or tribunal that contains an order to pay a fine in order to ensure compliance with a judgment given in a civil and commercial matter; |
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1.

The concept of ‘civil and commercial matters’ in Article 1 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that that regulation applies to the recognition and enforcement of a decision of a court or tribunal that contains an order to pay a fine in order to ensure compliance with a judgment given in a civil and commercial matter;

| 2. | The costs relating to an exequatur procedure brought in a Member State, in the course of which the recognition and enforcement is sought of a judgment given in another Member State in proceedings seeking to enforce an intellectual property right, fall within Article 14 of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights. |
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2.

The costs relating to an exequatur procedure brought in a Member State, in the course of which the recognition and enforcement is sought of a judgment given in another Member State in proceedings seeking to enforce an intellectual property right, fall within Article 14 of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights.

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(1)  OJ C 312, 19.12.2009.

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