The Regional Court of Munich has referred a question to the CJEU (case C-44/21) in relation to the Enforcement Directive (Article 9(1) of Directive 2004/48/EC) and whether the standard applied for the grant of preliminary injunctions is too high. Under German law, and with certain exceptions only, the EPO or German Courts must have held that the patent in question valid in order for a preliminary injunction to be granted. The UK IPO has requested any comments on the reference by 24 March 2021.
The answer to this question could have a significant impact on the availability of preliminary injunctive relief in Germany.
C-44/21 Patent request for preliminary ruling on question on the interpretation of Article 9(1) of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (‘Directive 2004/48/EC’) is referred to the Court of Justice of the European Union for a preliminary ruling under Article 267 TFEU: