UPC CoA 264/2024

Vor dem UPC: Volkswagen Group (41 Verfahren)·Network System Technologies LLC (77 Verfahren)

• 2024-09-18
  Appeal RoP220.2Öffentlich

  Zusammenfassung: The Court of Appeal dismissed Audi AG's appeal in six consolidated cases challenging the Munich Local Division's refusal to grant preliminary objections under Rule 361 RoP (action manifestly bound to fail) against NST's infringement actions. The court held that R.361 RoP is reserved for clear-cut cases and cannot require the claimant to pre-empt every possible line of defence in the statement of claim. The court also rejected Audi's arguments that opt-outs were invalidly withdrawn, finding the UPC has jurisdiction.

  Rechtsfragen anzeigen (4)

  • Manifestly inadmissible/bound to fail action under Rule 361 RoP
  • Sufficiency of statement of claim in front-loaded UPC procedure
  • Validity of opt-out withdrawal and UPC jurisdiction
  • Power of attorney for UPC representatives under Art. 48 UPCA and Rule 5.3(b) RoP