Hardly any other decision has changed the European patent litigation landscape in recent years as much as the ruling of the Grand Chamber of the Court of Justice of the European Union 25. February 2025 in the legal matter BSH household appliances ./. Electrolux (C-339/22).

What was it about??

BSH sued Electrolux in Sweden for infringing several national parts of a European patent - including the Turkish part. Electrolux objected, the patent is ineffective; The courts of the respective granting state are exclusively responsible for this.

The key statements of the ECJ

• Responsibility remains: The court at the defendant's place of residence remains responsible for the infringement action, even if it concerns a patent from another EU member state and the defendant objects to invalidity. The exclusive jurisdiction according to Art. 24 No.. 4 Brussels Ia Regulation only affects the decision on validity itself.
• Suspension possible: The injury court may stay the proceedings, if a declaration of invalidity in the granting state is seriously considered.
• Patents from third countries: For patents outside the EU (im Fall: Türkiye) The court can even examine the validity incidentally - with effect only between the parties.

Consequences for the Unified Patent Court

The Unified Patent Court (UPC) quickly took up the decision and also issued bans for states, who do not participate in the UPC, for example Spain or the United Kingdom. How far this “long-arm” responsibility extends, especially towards companies outside the EU, but is still open: On 6. March 2026 the UPC appeals court has in the proceedings Dyson ./. Dreaming questions submitted to the ECJ for the first time. It's about, whether an EU-based representative or service provider is sufficient as an “anchor defendant”., in order to also use a manufacturer from a third country for Spain.

What does that mean for you??

The opportunity opens up for patent holders, Prosecuting injuries in several countries at one place of jurisdiction saves time and money. For companies, who distribute throughout Europe, On the other hand, the risk increases, to be sued in one place for all of Europe. A careful one Freedom to Operate Exam before entering the market becomes even more important. We advise you on the choice of place of jurisdiction and the defense: Patent infringement.

Sources: EuGH, Judgment v. 25.02.2025, C-339/22 – BSH Hausgeräte; UPC CoA, Order for reference v. 06.03.2026 – Dyson ./. Dreaming. General overview, no legal advice in individual cases. Stand: November 2026.