Author: Markus Morgenroth

  • LD Munich, 14 April 2025, Procedural Order, UPC_CFI_119/2025

    Service of legal documents does not require actual physical receipt: As per Rule 271.6.b RoP, service is deemed effective even if physical acceptance of a document is refused, as long as the addressee was properly notified and had a reasonable opportunity to collect it. In this case, the defendant’s inaction in collecting the statement of…

  • LD Düsseldorf, 16 April 2025, Order, UPC_CFI_539/2024

    Evidence preservation can secure proof of specific acts of infringement, e.g. use, import, or offering for sale (Art. 60 UPCA, R. 192 ff. RoP): The UPC clarified that evidence preservation is not limited to proving the existence of infringing features but extends to demonstrating acts of infringement within the UPC’s jurisdiction. This includes securing documents…

  • CoA, January 9, 2025, order concerning public access to the register, UPC_CoA_480/2024; UPC_CoA_481/2024

    Public has a right to access court records: This right is enshrined in Rule 262.1(b) RoP and promotes transparency and trust in the court system. The Court of Appeal emphasized that this right allows the public to understand court decisions and scrutinize the court’s handling of disputes. The Appellant argued against public access, claiming it…

  • CoA, December 23, 2024, oder concerning an application for a discretionary review (Rule 220.3 RoP)

    Unconditional right to limit claims for damages (R. 263.3 RoP): An unconditional application to reduce the amount of damages claimed shall be considered as an unconditional application under Rule 263.3 RoP. Leave to limit a claim in an action unconditionally shall always be granted. Procedure for determining the value of the action (R. 22, 104,…

  • CD Milan, December 23, 2024, procedural order, UPC_CFI_ 380/2024

    Criteria for intervention (Rule 313 RoP): An intervener must demonstrate a legally qualified interest, not merely a factual one. This interest must be connected to the legal relationship in litigation and entail potential harm to the intervener’s rights if the original party loses the case. Decision on costs of an application to intervene (Rule 150…