According to the decision, the court of an EU country in which the defendant is domiciled has jurisdiction to rule on patent infringement committed in another EU or non-EU country even if a validity defence is raised. In the case of a non-EU country, the court may also have jurisdiction to rule on the validity defence with inter partes effect.

The Court highlighted that intervention in interim proceedings is exceptional and can only be granted in presence of a legal interest of the intervener. Menarini instead had a mere de facto interest in boostering parallel proceedings in which it was a party. Its application was therefore dismissed.