The role of place of infringement in the aplicable law to claims relating to an action for infringement of a Community design. Commentary to the CJEU Resolution of 3rd March 2022, Acacia and BMW, C-421/20

Abstract

The purpose of this paper is to analyse the decision of the Court of Justice of the European Union of 3rd March 2022, Acacia and BMW, case C-421/20. The question referred for a preliminary ruling essentially concerns the law applicable to claims relating to an action for infringement of Community designs in the light of the Rome II Regulation, which governs the law applicable to non-contractual obligations, and the Community Design Regulation. To this end, the CJEU clarifies the interpretation of Article 8(2) of the Rome II Regulation, offering the criteria applicable to establish the location where the infringement has been committed, and how it fits in with the Community Design Regulation. In the decision, the CJEU simplifies its previous case law on the matter and departs from the Advocate General’s Opinion, which would lead to a diametrically opposed decision.