Posted: July 30th, 2016
Tata Steel IJmuiden B.V. v. Arcelormittal France, District Court The Hague, 20 July 2016, Case No. ECLI:NL:RBDHA:2016:8116
Tata Steel has a legitimate interest in a negative declaratory judgment -even if there is no specific product yet- in view of the huge investments it is about to make. Art. 7(2) EEX Regulation II applies also to negative decloratory judgments, even if there is no concrete threat of infringing or otherwise unlawful acts, as this is the result of the fact that no specific product is on the market yet. The negative declaratory judgment was denied on factual grounds.
A copy of the judgment can be read here.