UPC CFI 59/2025

Prior warning (Abmahnung) is not a prerequisite for an anti-anti-suit/anti-anti-enforcement injunction application where the defendant had already initiated foreign anti-suit/anti-enforcement proceedings

Note: Court held that where defendant has already commenced anti-suit/AEI proceedings before a foreign court, a prior warning is unnecessary because the defendant's conduct makes clear it would not comply voluntarily.

Defendant bears costs despite mootness where defendant gave cause for proceedings by initiating anti-suit action before US courts

Note: Court assessed costs from objective viewpoint of applicant at time of filing: applicant was entitled to conclude it could not obtain its rights without judicial assistance, given defendant's US court filings seeking an ASI/AEI.

Applicant should bear its own costs because it failed to issue a prior warning before filing the anti-anti-suit/anti-anti-enforcement injunction

Reason: Prior warning was not required or practicable: (1) defendant had already begun implementing its intent to obtain an ASI/AEI in the US; (2) issuing a warning risked defendant accelerating the US proceedings or obtaining an emergency injunction before the UPC could act, potentially destroying applicant's rights; (3) on this basis, prior warning was deemed untunlich (impracticable/inadvisable).