Translation of "Demande de dommages-intérêts indéterminés " (French → English) :

35. Welcomes the Commission's forthcoming publication of an explanatory document on the case-law of the Court of Justice concerning claims for damages for breach of rights under Community law; further suggests that the Commission should investigate the possibility of acting as amicus curiae in relevant damages cases before national courts, in accordance with national procedural law, as is already the case for domestic litigation involving EC competition law issues ;

7. Welcomes the Commission's forthcoming publication of an explanatory document on the case-law of the Court of Justice concerning claims for damages for breach of rights under Community law; further suggests that the Commission should investigate the possibility of acting as amicus curiae in relevant damages cases before national courts, in accordance with national procedural law, as is already the case for domestic cases involving EC competition law issues;

32. Welcomes the Commission's forthcoming publication of an explanatory document on the case-law of the Court of Justice concerning claims for damages for breach of rights under Community law; further suggests that the Commission should investigate the possibility of acting as amicus curiae in relevant damages cases before national courts, in accordance with national procedural law, as is already the case for domestic litigation involving EC competition law issues;

The case against Mr Fava (and other owners of newspapers and periodicals) has been brought in a civil court, but the damages sought (EUR 1,000,000) are based, it would seem, at least in part on Article 12 of Law No 47 of 1948 on the press, which allows the defamed party to apply for damages on the basis of the Criminal Code.

The Court of Justice should have jurisdiction in disputes relating to the infringement or the validity of a Community patent and a Community supplementary protection certificate, the use of the invention after the publication of the Community patent application, the right based on prior use of the invention, provisional and evidence-protection measures in the subject matter conferred, damages or compensation in the situations referred to above and orders of a penalty payment in case of non-compliance with a decision or order constituting an obligation to act or to abstain from an act.

The Community Patent Court would thus have jurisdiction for the subject matter laid down in Article 1 of the Commission proposal for such a Council Decision, namely for disputes relating to the infringement or the validity of a Community patent and a Community supplementary protection certificate, the use of the invention after the publication of the Community patent application, the right based on prior use of the invention, interim and evidence-protection measures in the subject matters conferred, damages and compensation incurred in the situations referred to above and orders of a penalty payment in case of non-compliance with a decis ...[+++]ion or order constituting an obligation to act or to abstain from an act.