41The right conferred on the applicant to choose one or other basis, arising from the use of the word ‘also’ in Article 97(5) of Regulation No 207/2009, cannot be understood as meaning that the applicant may, with reference to the same acts of infringement, simultaneously bring actions based on paragraphs (1) and (5) of Article 97, but merely reflects, as stated by the Advocate General in point 31 of his Opinion, the fact that the forum indicated in Article 97(5) is an alternative to the fora indicated in the other paragraphs of that article.
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