Article 79

Application of the Convention on Jurisdiction and Enforcement

  1. Unless otherwise specified in this Regulation, the Conven tion on Jurisdiction and the Enforcement of Judgements in Civil and Commercial Matters, signed in Brussels on 27 September 1968, hereinafter referred to as the ‘Convention on Jurisdic tion and Enforcement’, shall apply to proceedings relating to Community designs and applications for registered Community designs, as well as to proceedings relating to actions on the basis of Community designs and national designs enjoying simultaneous protection.
  2. The provisions of the Convention on Jurisdiction and Enforcement which are rendered applicable by the paragraph 1 shall have effect in respect of any Member State solely in the text which is in force in respect of that State at any given time.
  3. In the event of proceedings in respect of the actions and claims referred to in Article 85:
    (a) Articles 2, 4, 5(1), (3), (4) and (5), 16(4) and 24 of the Convention on Jurisdiction and Enforcement shall not apply;
    (b) Articles 17 and 18 of that Convention shall apply subject to the limitations in Article 82(4) of this Regulation;
    (c) the provisions of Title II of that Convention which are applicable to persons domiciled in a Member State shall also be applicable to persons who do not have a domicile in any Member State but have an establishment therein.
  4. The provisions of the Convention on Jurisdiction and Enforcement shall not have effect in respect of any Member State for which that Convention has not yet entered into force. Until such entry into force, proceedings referred to in para graph 1 shall be governed in such a Member State by any bilateral or multilateral convention governing its relationship with another Member State concerned, or, if no such conven tion exists, by its domestic law on jurisdiction, recognition and enforcement of decisions.