UPC CoA 156/2025

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

• 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