UPClytics
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Case details
Status
Case Closed (Claim dismissed)
Action
Appeal
Category
Main appeal
Parties
Claimants
Representatives
Division
Court of Appeal
Language
English
First decided
Jun 2, 2025
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All UPC124
Judge Klaus GrabinskiLocked
Judge Emmanuel GougéLocked
Judge Peter BlokLocked

At the UPC: XSYS Prepress N.V. (5 cases)·Esko-Graphics Imaging GmbH (5 cases)

Decisions
  • 2025-06-02
    Appeal RoP220.2Public

    Summary: The Court of Appeal dismissed XSYS's appeal against rejection of a preliminary objection challenging the UPC's temporal competence in infringement proceedings brought by Esko-Graphics Imaging GmbH (UPC_CoA_156/2025). The Court established that the UPC has competence over acts of infringement occurring before the entry into force of the UPCA, as Art. 32 UPCA contains no temporal limitation. This does not violate the non-retroactivity principle under Art. 28 VCLT. During the transitional period, UPC and national courts have concurrent competence unless the patent is opted out. The Court also dismissed XSYS's request for a CJEU preliminary reference and for a stay of proceedings. In the case of an opt-out withdrawal, the UPC is competent also for acts occurring between the opt-out and withdrawal dates.

    Show the legal issues (6)
    • Temporal scope of UPC competence under Art. 32 UPCA
    • Non-retroactivity of treaties under Art. 28 VCLT
    • Transitional period competence under Art. 83 UPCA
    • Opt-out and opt-out withdrawal
    • Preliminary reference to CJEU under Art. 267 TFEU
    • Stay of proceedings under R. 266.5 RoP
Document titleDatePublic
Acknowledgement-of-lodging2025-06-02Not public
DecisionOutcome2025-06-02Not public
Order2025-06-02Public
Hearing reference2025-05-16Not public
Hearing reference2025-05-16Not public
Receipt2025-05-13Not public
Application2025-05-13Not public
procedural order2025-04-15Public
Interim-Procedure-Closure2025-04-14Not public
Summon-Oral-Hearing2025-04-14Not public