C-24/1627 Sept 2017
Nintendo Co. Ltd v BigBen Interactive GmbH and BigBen Interactive SA
In Article 8(2) of the Rome II Regulation, the "country in which the act of infringement was committed" is the country where the event giving rise to the damage occurred. Where the same defendant is accused of various acts of infringement in various Member States, that country must be identified by an overall assessment of that defendant's conduct to determine where the initial act of infringement at the origin of that conduct was committed or threatened, not by examining each alleged act of infringement separately.