UPC CoA 719/2024

At the UPC: Magna Group (21 cases)·Valeo Group (34 cases)

• 2024-12-11
  Public

  Summary: Court of Appeal order on Magna's application for suspensive effect of the preliminary injunction (UPC_CFI_347/2024) issued by the Düsseldorf Local Division. Magna argued the BMW 2 Series Gran Coupé (model F74) was omitted from the list of exempted models. The Court of Appeal denied suspensive effect, finding no obvious error in the CFI's rectification dismissal as Magna had not clearly introduced model F74/Gran Coupé as a distinct model during the injunction proceedings.

  Show the legal issues (3)

  • Suspensive effect of preliminary injunction on appeal (Rule 223.4 RoP)
  • Rectification of obvious slip (Rule 353 RoP)
  • Scope of preliminary injunction exemption
• 2024-11-21
  Application RoP 223Public

  Summary: The Standing Judge of the Court of Appeal (Klaus Grabinski) provisionally granted suspensive effect to Magna's appeal against the Düsseldorf Local Division's preliminary injunction of 31 October 2024 (EP 3 320 602), but only to the limited extent that the exception to the injunction (covering existing BMW delivery obligations as of 8 October 2024) did not include the 'BMW 2 Series Gran Coupé' model. The order was issued pending a final decision on the suspensive effect application by panel 2 of the Court of Appeal. Note: The case number in the metadata is listed as UPC_APP_62076/2024 but the actual CoA reference is UPC_CoA_719/2024.

  Show the legal issues (4)

  • Provisional suspensive effect pending panel review (R. 223.4 RoP)
  • Scope of preliminary injunction exception for existing delivery obligations
  • Rectification of alleged obvious slip in list of exempted car models
  • Balance of interests in suspensive effect application