UPC CoA 182/2024

At the UPC: Mammut Group (22 cases)·Ortovox Sportartikel GmbH (22 cases)

• 2024-09-25
  Appeal RoP220.1Public

  Summary: Rectification order of the Court of Appeal correcting an obvious clerical error in the operative part of the appeal order of 25 September 2024 (Mammut v Ortovox). In item 3 of the original order, 'Antragsgegnerin' was incorrectly used instead of 'Ortovox'; the corrected wording orders Mammut to reimburse Ortovox further provisional costs of EUR 19,858.40.

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  • Rectification of manifest clerical error under R. 353 RoP
  • Preliminary injunction costs reimbursement
• 2024-09-25
  Appeal RoP220.1Public

  Summary: The Court of Appeal dismissed the appeal by Mammut Sports Group and confirmed the provisional measures order issued by the Court of First Instance (Local Division) in favour of Ortovox. The Court rejected Mammut's attempts to introduce new submissions and its counterclaim for revocation in the appeal proceedings. The Court confirmed the provisional measures (seizure order and publication), the threatened penalty payment, and the security ordered. The Court additionally ordered Mammut to reimburse Ortovox's further interim costs of EUR 19,858.40 and to pay the costs of the appeal proceedings. Key legal principles established include: discretion to consider submissions rightly rejected at first instance; urgency requirements under R.211.4 RoP; irreparable harm not being a necessary condition for provisional measures; and applicability of R.263 RoP to provisional measures proceedings.

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  • Appeal against provisional measures order
  • Admissibility of new submissions on appeal
  • Urgency under R.211.4 RoP
  • Irreparable harm not required for provisional measures
  • Applicability of R.263 RoP to provisional measures
  • Provisional reimbursement of costs
• 2024-09-25
  Appeal RoP220.1

  Summary: The Court of Appeal upheld a first-instance preliminary injunction (including a seizure order) obtained by Ortovox against Mammut for alleged infringement of a patent relating to avalanche rescue devices, affirming the findings on urgency, infringement likelihood, and balance of interests. The appeal by Mammut was dismissed and provisional cost reimbursement was ordered in favour of Ortovox.

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  • Provisional measures – urgency (R.211.4 RoP)
  • New submissions on appeal
  • Balance of interests
  • Seizure order
  • R.263 RoP in provisional measures
  • Scope of appeal proceedings in preliminary injunction review