APL 68523/2024

The Court of Appeal partially allowed Belkin's appeal and reduced the penalty payment (Zwangsgeld) imposed by the Munich Local Division for non-compliance with a disclosure order to EUR 42,000, while dismissing Philips's cross-appeal regarding disclosure in electronic form, and setting a new costs allocation.

The Court of Appeal (Panel 2) ruled on Belkin's appeal and Philips' cross-appeal against the Munich Local Division's order on penalty payments for non-compliance with an information disclosure obligation following the infringement judgment in UPC_CFI_390/2023 (Philips v Belkin, EP patent not specified in excerpt). The CoA modified the first-instance order: a penalty payment of EUR 42,000 was imposed on Belkin for failing to comply with the information disclosure order. The court established key principles on time periods for information disclosure under Art. 67(1) UPCA, the punitive nature of penalty payments even after belated compliance, burden of proof, and the permissibility of paper format for information. Costs were shared proportionally as both parties were partially unsuccessful.