In its judgment of 23 April 2026 in Case C-132/25, M.M. Ristorazione, the Court of Justice of the European Union ruled that the Enforcement Directive (2004/48/EC) precludes national legislation under which preliminary measures in intellectual property matters may remain effective where no proceedings on the merits are commenced.

The judgment had an immediate impact on the Italian system, which had traditionally allowed preliminary measures, in many cases, to be obtained and maintained without requiring the parties to pursue subsequent proceedings on the merits.

To bring Italian legislation into line with the principles established by the Court, Decree-Law No. 100 of 12 June 2026 was adopted and subsequently converted into law, without amendment, by Law No. 145 of 7 August 2026. Under the new rules, preliminary measures lapse if proceedings on the merits are not commenced within the statutory time limit.

The reform affects the entire field of industrial property and copyright and entails a significant change in enforcement strategies. Businesses that obtain preliminary measures will no longer be able to limit their action to the urgent phase of the proceedings. They will be required to commence proceedings on the merits in order to prevent the measures obtained from lapsing.

The end of the Italian system of “stand-alone” injunctions will also increase the overall costs and duration of litigation and require both right holders and parties subject to preliminary measures to plan their litigation strategies differently.

categoria:European Case Law