The EU Court of Justice confirms that clauses imposing to licensees a prior approval for the use of the boards do not fall within the specific subject matter of the patent and therefore constitute unlawful restrictions of competition (Windsurfing)

Case 193/83 Windsurfing International Inc. v Commission of the European Communities* 1. Although the Commission is not competent to determine the scope of a patent, it is still the case that it may not refrain from all action when the scope of the patent is relevant for the purposes of determining whether there has been an infringement of Article 85 or 86 of the