“… has also held that Article 7(2) is capable of applying to a claim for a declaration of non-liability in tort. This is Folien Fischer v Ritrama (Case C-133/11) [2013] QB 523, paragraphs 36-55. The rationale for this conclusion is that the place where the harmful event occurs applies irrespective of whether the legal action has been…”
“… seeking NDR is not confined to cases involving contractual rights or trading relations between the parties. In Folien Fischer AG v Ritrama SpA (Case C-133/11) [2013] QB 523, the CJEU addressed the question whether article 5(3) applied to an NDR claim by Folien Fischer that its distribution policy, and refusal to grant patent licen…”
“…ph 29 when he said: “To invoke a special ground of jurisdiction a claimant must bring himself within that ground: Folien Fischer AG v Ritrama SpA (CaseC133/11) [2013] QB 523 paragraphs 39-40. A claimant cannot establish jurisdiction under the Judgments Regulation by merely invoking the justification or rationale of the ground.” Mor…”
“…ogics Company Ltd v AbbVie Biotechnology Ltd [2016] EWHC 2204 (Pat), [2017] Bus LR 333 following Case C-133/11 Folien Fischer AG v Ritrama SpA [EU:C:2012:664], [2013] QB 523.…”