ACT 551054/2023

At the UPC: AIM Sport Development AG (15 cases)·Supponor Group (14 cases)

• 2026-04-29
  Application for provisional measuresPublic

  Summary: The Court disposed the preliminary injunction application CMS no ACT_551054/2023 under R. 360 RoP, finding it had become devoid of purpose after the commercial window of opportunity had passed. The Court ordered AIM Sport (the applicant) to bear TGI's costs of the preliminary injunction proceedings at the Court of First Instance up to a ceiling of EUR 800,000, based on the outcome of the related infringement action (UPC_CFI_214/2023) in which the patent was found not infringed. The value of the preliminary injunction proceedings was set at EUR 9.9 million.

  Show the legal issues (6)

  • Disposal of preliminary injunction application devoid of purpose (R. 360 RoP)
  • Cost allocation for moot preliminary injunction proceedings
  • Applicability of Art. 69(1) UPCA to cost decisions in disposed provisional measures
  • Ceiling for recoverable costs under Administrative Committee Scale (EUR 800,000)
  • Whether separate cost ceiling applies to standalone vs. accompanied preliminary injunction applications (Section 5b of Scale)
  • Appeal time limits for orders disposing provisional measures under R. 360 and R. 363.2 RoP