UPC APP 45481/2024

Order of the Munich Local Division (judge-rapporteur) rejecting a preliminary objection filed by defendants ILME S.p.A. and ILME GmbH against Claimant PHOENIX CONTACT GmbH's infringement action. The court dismissed the preliminary objection and all auxiliary requests, and continued the main proceedings. Leave to appeal was granted under Rule 220.2 RoP, as the court found the legal question concerning UPC jurisdictional rules (specifically interpretation of the UPCA as an international treaty measured against the Vienna Convention on the Law of Treaties) may be significant for many cases and warrants uniform application. No preliminary reference to the CJEU under Art. 21 UPCA was warranted.