European Union: Court Procedure

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Article
Italy's IP Reform: A Narrow Window To Challenge Existing Preliminary Injunctions
The Court of Justice of the European Union has ruled that national laws cannot allow preliminary injunctions to remain in force indefinitely without merits proceedings, prompting Italy to introduce a transitional regime through Decree-Law No. 100/2026. This creates a narrow 60-day window for respondents to challenge pre-existing injunctions while requiring right holders to urgently review their portfolios of preliminary injunctions to preserve them.
Italy IP
JD
Jones Day
Article
Competition And Regulated Markets - Antitrust Litigation
Our team combines specialist competition law knowledge with practical litigation experience to represent clients in complex antitrust disputes before Irish courts. We handle everything from appeals of infringement decisions and procedural challenges to follow-on and standalone damages actions. With expertise spanning case assessment, pleadings, expert strategy, discovery, and interlocutory relief, we navigate the full spectrum of competition litigation matters.
Ireland Anti-trust
AC
Arthur Cox
Article
[UPCKat] When Is Imminent Infringement More Likely Than Not? Decision Of The UPC Court Of Appeal In Merz v Viatris
The UPC Court of Appeal recently overturned a first instance decision in the first case of SPC enforcement at the UPC, granting Merz a preliminary injunction against Viatris. The decision clarifies when a patentee must act to avoid undue delay in seeking provisional measures, emphasizing that applicants need sufficient certainty of imminent infringement before filing. The Court conducted a detailed analysis of French regulatory procedures and market practices to determine whether Merz had acted with reasona
France IP
CR
Carpmaels & Ransford LLP
Article
CJEU Rules On European Account Preservation Orders In Cross-Border Gambling Dispute
A recent Court of Justice of the European Union ruling clarifies how courts may assess enforcement risks in cross-border disputes, particularly when creditors face legislative barriers in the debtor's jurisdiction. The judgment addresses whether past conduct and national laws impeding enforcement can be considered when evaluating applications for European Account Preservation Orders.
Malta Litigation
GA
GVZH Advocates
Article
Analysis Of Injunction Rules In Key IP Jurisdictions (Part IV): The Netherlands As A Patent Enforcement Hub - Cross-Border Injunction Risks And Strategies For Chinese Companies
The Unified Patent Court has begun issuing cross-border injunctions extending beyond its member states, reaching the UK and Spain. As Dutch courts maintain their tradition of long-arm jurisdiction and European patent holders increasingly opt out of UPC coverage, the Netherlands has become a critical enforcement venue where a single proceeding can trigger cascading injunctions across multiple European jurisdictions, creating significant strategic risks for Chinese enterprises expanding into European markets.
Netherlands IP
Purplevine IP
Article
Austrian Supreme Court Gives AI-generated Appeal Short Shrift
The Austrian Supreme Court has delivered an extraordinary rebuke to the first AI-generated appeal to reach its chambers, finding it so corrupted by hallucinations and fabricated citations that it failed to meet basic standards of legal argumentation. The court's response signals a clear warning about uncritical reliance on artificial intelligence in legal practice and hints at potential disciplinary consequences for attorneys who submit such flawed work.
Austria Technology
KH
KNOETZL HAUGENEDER NETAL Rechtsanwaelte GmbH
Article
Malicious Prosecution Under Cyprus Law: When Criminal Proceedings Become A Tool Of Pressure
Criminal proceedings represent one of the most serious forms of state power against an individual. Even before any conviction, the initiation of criminal proceedings may severely affect a person’s reputation, professional standing, personal freedom, and psychological well-being. For this reason, the law recognises that criminal process must not be used abusively, vindictively, or as a mechanism of pressure in private or commercial disputes.
Cyprus Criminal
Phoebus, Christos Clerides & Associates LLC (Clerides Legal)
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