UPC CoA 106/2024

The Court of Appeal dismissed Advanced Bionics' appeal against the Mannheim Local Division's order refusing to refer the infringement action to the Central Division via a connection joinder (R. 340 RoP). The Court held that a connection joinder under R. 340 RoP cannot result in referral to another division beyond the possibilities provided in Art. 33 UPCA, and Art. 33 UPCA does not permit referral of an infringement action from a local division to the central division without the agreement of the parties.

Court of Appeal (5 September 2024) dismissed Advanced Bionics' appeal against the CFI's refusal to transfer their infringement case to the Central Division. The CoA confirmed that joinder under R. 340 RoP cannot result in transfer to a different chamber outside Art. 33 UPCA, and that Art. 33(5) UPCA does not allow transfer of an infringement action to the Central Division without the consent of both parties.