“… commercial matters”. I had considered the case law of the CJEU on that question in Hotel Cipriani Srl v Cipriani (Grosvenor Street) Ltd [2009] EWHC 2032 (Ch), [2009] RPC 9 at [142]-[152], and that passage was not criticised on appeal [2010] EWCA Civ 110, [2010] RPC 16 (see also Samuel Smith at [112]-[118]). Henry Carr J summarise…”
“… the case that anyone may apply for a declaration of invalidity on that ground: see Hotel Cipriani Srl v Cipriani (Grosvenor Street) Ltd [2008] EWHC 3032 (Ch), [2009] RPC 9 at [181].…”