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UPC APP 45481/2024

Case details
Status
Claim dismissed
Action
Preliminary objection
Category
Preliminary objection
Parties
Claimants
Representatives
Division
Munich LD
Judges
—
Language
—
First decided
Feb 10, 2025
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Munich LDLocked

At the UPC: PHOENIX CONTACT GmbH & Co. KG (6 cases)·Industria Lombarda Materiale Elettrico I.L.M.E. S.p.A. (6 cases)

Decisions
  • 2025-02-10
    Preliminary objectionPublic

    Summary: Order of the Munich Local Division (judge-rapporteur) rejecting a preliminary objection filed by defendants ILME S.p.A. and ILME GmbH against Claimant PHOENIX CONTACT GmbH's infringement action. The court dismissed the preliminary objection and all auxiliary requests, and continued the main proceedings. Leave to appeal was granted under Rule 220.2 RoP, as the court found the legal question concerning UPC jurisdictional rules (specifically interpretation of the UPCA as an international treaty measured against the Vienna Convention on the Law of Treaties) may be significant for many cases and warrants uniform application. No preliminary reference to the CJEU under Art. 21 UPCA was warranted.

    Show the legal issues (4)
    • Preliminary objection on jurisdiction (Rule 19 RoP)
    • UPCA as international treaty and Vienna Convention on the Law of Treaties
    • Preliminary reference to CJEU under Art. 21 UPCA
    • Leave to appeal on jurisdictional legal questions
Documents
  • B1C43F56BC847DE7BF6FDA885CF953D5_de.pdf2025-02-10DE