UPC CFI 156/2024

At the UPC: SWARCO FUTURIT Verkehrssignalsysteme GmbH (11 cases)·Yunex GmbH (5 cases)

• 2025-02-19
  Public

  Summary: The Munich Local Division granted Chainzone Technology's application for access to the court file under Rule 262.1(b) RoP in evidence-preservation proceedings. Access was granted following SWARCO's lack of objection, noting that Chainzone had been admitted as an intervener in parallel proceedings before the Vienna Local Division.

  Show the legal issues (2)

  • Third party access to court file under Rule 262.1(b) RoP
  • Intervention and access rights in related proceedings
• 2025-02-19
  Application for preserving evidence pursuant to RoP192Public

  Summary: Order of the Munich Local Division (full panel) in evidence-preservation proceedings brought by SWARCO FUTURIT Verkehrssignalsysteme against Yunex GmbH concerning EP 2 643 717 (traffic signal systems). Following resolution of the evidence-preservation application, the court addressed procedural questions: (1) Rule 360 RoP applies by analogy to evidence-preservation proceedings; (2) Rule 198.1 RoP applies by analogy in cases of resolution of an evidence-preservation application; (3) costs are reserved for the main proceedings. The order also addressed standards for specific and substantiated denial of facts (Regel 171.2 and 284 RoP).

  Show the legal issues (5)

  • Evidence-preservation proceedings under Rule 192 RoP
  • Analogous application of Rule 360 to evidence-preservation proceedings
  • Analogous application of Rule 198.1 on resolution of evidence-preservation application
  • Costs reservation for main proceedings
  • Substantiated denial requirement under Rules 171.2 and 284 RoP