UPC CoA 169/2025

Vor dem UPC: Supponor Group (14 Verfahren)·AIM Sport Development AG (15 Verfahren)

• 2025-04-11
  Appeal RoP220.2Öffentlich

  Zusammenfassung: Court of Appeal dismissed TGI Sport/Supponor's appeal against two Munich Local Division orders allowing (1) amendment of AIM Sport Vision AG's statement of claim under R. 263 RoP (to add territories including Spain and UK, and add arguments on infringement by equivalence and as intermediaries) and (2) addition of TGI Sport Virtual Limited (UK entity) as a defendant under R. 305 RoP. The Court of Appeal held that the Local Division had properly exercised its discretion within acceptable boundaries. Explanation for why amendments were not in the original pleading must be in the application body but the precise wording can be in annexes. Spain's addition was justified by the anticipation of the CJEU changing the GAT v Luk case law. The stage of proceedings was not so advanced as to tip the balance against adding TGI UK.

  Rechtsfragen anzeigen (7)

  • Amendment of claim (R. 263 RoP)
  • Addition of defendant (R. 305 RoP)
  • Discretion of court on amendment/party addition
  • Standard of review on appeal
  • GAT v Luk case law (CJEU) and Spanish territory
  • Infringement by equivalence
  • Intermediary liability