C-04/03

GAT, Gesellschaft für Antriebstechnik mbH & Co. KG - v - Luk Lamellen und Kupplungsbau Beteiligungs KG

The following question is referred to the Court of Justice of the European Communities for a preliminary ruling:

Is Article 16(4) of the Convention on Jurisdiction and the Enforcement of Judgements in Civil and Commercial Matters("the Brussels Convention") to be interpreted as meaning that the exclusive jurisdiction conferred by that provision on the courts of the Contracting State in which the deposit or registration of a patent has been applied for, has taken place or is under the terms of an international convention deemed to have taken place only applies if proceedings (with erga omnes effect) are brought to declare the patent invalid or are proceedings deemed to be concerned with the validity of patents within the meaning of the aforementioned provisions where the defendant in a patents infringement action or the claimant in a declaratory action to establish that a patent is not infringed pleads that the patent is invalid or a nullity and that there is also no patent infringement for that reason, irrespective of whether the court seized of the proceedings considers the plea to be substantiated or unsubstantiated and of when the plea is raised during the course of the proceedings.