Gesellschaft Für Antriebstechnik v. Lamellen und Kupplungsbau Beteiligungs KG

2006 E.C.R. 6509 (2006)

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Gesellschaft Für Antriebstechnik v. Lamellen und Kupplungsbau Beteiligungs KG

European Court of Justice
2006 E.C.R. 6509 (2006)

Facts

Lamellen und Kupplungsbau Beteiligungs KG (LuK) (defendant) produced motor-vehicle technology and owned a French patent for a mechanical damper spring. Gesellschaft Für Antriebstechnik (GAK) (plaintiff) entered into a contract with a German motor-vehicle company involving the sale of mechanical damper springs, and LuK thereafter allege­d that these mechanical damper springs were subject to LuK’s French patent. GAK sought declaratory relief in the German Landgericht (regional court) in Düsseldorf, seeking to have GAK’s use of the mechanical damper springs declared noninfringing. One of the grounds for which GAK sought its relief was that the LuK patent was void. The Düsseldorf court believed that it possessed jurisdiction to adjudicate the validity of LuK’s French patents and dismissed GAK’s claim. GAK appealed to the Oberlandesgericht (higher regional court). The Oberlandesgericht stayed the proceedings and referred the jurisdictional questions to the European Court of Justice.

Rule of Law

Issue

Holding and Reasoning ()

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