Key takeaways
The court may separate proceedings against multiple defendants on its own initiative to ensure procedural efficiency, especially when service is delayed on some defendants (Rule 303.2 RoP)
When service was completed for two defendants but not for two others, the court found it unreasonable to delay the action and ordered a separation to avoid stalling proceedings. The court ordered the separation before the first statement of defence was due to facilitate the proceedings and decided not to charge additional fees for the new action.
The separated action is deemed pending from the original filing date, and the statement of claim is deemed served on the original service date
The claimant was ordered to re-file the statement of claim in a new workflow, and the served defendants’ representatives were ordered to register immediately in the new case.
Division
Local Division Munich
UPC number
UPC_CFI_319/2025, ACT_16389/2025
Type of proceedings
Infringement Action (Procedural Order on case separation)
Parties
Claimant: Solvay Specialty Polymers Italy S.p.A.
Defendants: 1. Zhejiang Fluorine Chemical New Material Co., Ltd., 2 Hubei Fluorine New Materials Co., Ltd., 3. Shenzhen Benia New Material Technology Co., Ltd., 4. Shanghai Youcheng International Trade Co., Ltd.
Patent(s)
EP 2147029
Jurisdictions
UPC
Body of legislation / Rules
Rule 303.2 RoP
