46In accordance with that case-law and the considerations set out in paragraphs 40 to 42 of the present judgment, an EU trade mark court before which an infringement action on the basis of Article 97(5) of Regulation No 207/2009 is brought must, when it is called upon to review its jurisdiction to give a ruling on whether there is an infringement in the territory of the Member State where that court is situated, be satisfied that the acts allegedly committed by the defendant were committed in that territory.
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