(1) The regional courts shall have exclusive jurisdiction as European Union trade mark courts of first instance for all actions for which, in accordance with the Regulation on the European Union trade mark, the European Union trade mark courts have jurisdiction within the meaning of Article 123 (1) of the Regulation on European Union trade marks (European Union trade mark litigation), irrespective of the value in dispute.
(2) The European Union trade mark court of second instance shall be the higher regional court (Oberlandesgericht) in whose district the European Union trade mark court of first instance has its seat.
(3) The Land (federal state) governments shall be authorised to assign, by statutory instrument, European Union trade mark litigation cases for the districts of more than one European Union trade mark court to one such court. The Land governments may delegate this authorisation to the Land departments of justice by statutory instrument.
(4) The Länder may, by agreement, delegate duties incumbent upon the European Union trade mark courts of one Land to the competent European Union trade mark court of another Land, in whole or in part.
(5) Section 140 (4) and section 142 shall apply accordingly to proceedings before the European Union trade mark courts.