Author: Martin Drews
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LD Milan, September 5, 2025, Confirmation of settlement, UPC_CFI_202/2025
No Reimbursement of Court Fees Following Settlement in Provisional Measures Proceedings: The LD Milan aligns with the LD Mannheim (see UPC CFI no. 500/2025, order of 28 August 2025, LD Mannheim) in holding that reimbursement of court fees is not granted following a settlement in proceedings for provisional measures, irrespective of the stage the proceedings…
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LD Düsseldorf, September 9, 2025, confidentiality order, UPC_CFI_100/2024, UPC_CFI_411/2024
No disclosure of confidential information in parallel national proceedings: In response to a request for confidentiality, the respondents asked the Local Division Düsseldorf to permit the disclosure of confidential information in parallel proceedings between the same parties at the Regional Court of Munich I (case no. 7 O 3152/24). The information was related to standing…
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Court of Appeal, May 21, 2025, order on application for suspensive effect, UPC_CoA_365/2025
Order of suspensive effect of an appeal requires exceptional circumstances: Pursuant to Article 74(1) UPCA, an appeal does not have suspensive effect unless the Court of Appeal decides otherwise upon a reasoned request by a party. The Court of Appeal may therefore only grant such a request if the circumstances of the case justify an…
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LD Dusseldorf, May 21, 2025, order on application for cost security, UPC_CFI_758/2024
Requirements for requesting cost security based on undue burden of enforcement in a foreign jurisdiction: Pursuant to Article 69(4) UPCA and Rule 158.1 RoP, the Court may, upon a party’s request, order the opponent to provide adequate security for the legal costs and other expenses incurred by the defendant, which the applicant may be liable…
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LD Lisbon, April 4, 2025, cost decision in PI proceedings, UPC_CFI_697/2024
Cost decision following an order rejecting a preliminary injunction: A decision on costs is possible following an order rejecting an application for a preliminary injunction (PI), although the strict wording of R. 150 et seq. RoP provide for a decision on costs only following a decision on the merits. Art. 69 (1-3) UPCA provides for…
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LD Mannheim, April 9, 2025, request to separate proceedings, UPC_CFI_819/2024
No separation of proceedings to avoid potential conflicts with EU competition law: Where several defendants belong to different competing groups of companies, potential conflicts with EU competition law may arise from the submission of sensitive confidential information about a company’s business in the proceedings. If these conflicts arise solely from the fact that the defendants…
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LD Mannheim, April 4, 2025, order on preliminary objection, UPC_CFI_750/2024
Questions of fact and law relevant to jurisdiction and to the merits of the case are not dealt with in the preliminary objection procedure according to R. 19.1 RoP: Questions of fact and law that are relevant both to jurisdiction of the UPCA and to the merits of the case are, in principle, not to…
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CoA, October 21, 2024, Request for submission of new evidence, UPC_CoA_297/2024
New contradictory statements of the other party do not justify the submission of new evidence at appeal stage: Rule 222 of the Rules of Procedure (RoP) grants the Court of Appeal discretion to disregard new evidence not previously submitted to the Court of First Instance. In exercising this discretion, the Court considers: (a) whether the…
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LD Mannheim, October 20, 2024, request for production of evidence, UPC_CFI_471/2023
Request for production of evidence, Art. 49 UCA, R. 190 RoP, must be based on specific facts: As a general rule, an order to produce evidence (e.g. source codes) presupposes that a fact is relevant to substantiate claims or objections. For this purpose, the applicant must state in detail which specific fact he wishes to…
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LD Mannheim, October 20, 2024, order on request for information, UPC_CFI_471/2023
Key Takeaways Two alternatives for requests for information: The Court may order that information which is in the possession of the other or a third party is communicated. Rule 191 of the Rules of Procedure provides for two alternatives for respective requests for information. The purpose of the first alternative of Rule 191 RoP is…
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LD Milan, July 23, 2024, order on application according R 262A RoP, UPC_CFI_240/2023
Restriction to “attorneys eyes only” possible under R 262A RoP, exceptional circumstances required: In the case of protection of confidential information under R. 262A RoP, the number of persons authorised to have access may not be greater than is necessary to ensure compliance with the principle of a fair trial and the right of the…
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CD Munich, 23 July, 2023, Order on conclusion of a revocation action by way of settlement, UPC 75/2023, UPC 80/2023
Conclusion of an action by way of settlement without a request according to R. 365.1 RoP possible: The parties may at any time conclude their action by way of settlement which “shall” be confirmed by a decision of the Court, Art. 79 UPCA. R. 365 RoP clarifies that the Court shall confirm the settlement only…
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Court of Appeal, July 23, 2024, order on appeal, UPC_CoA_177/2024
Application for preservation of evidence or inspection of premises implies a request to disclose the report on the outcome: The legitimate purpose of the procedure for the preservation of evidence or the inspection of premises (Art. 60 UPCA, R. 192 et seq.) includes the use of the evidence to decide whether to initiate proceedings on…
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LD Duesseldorf, July 22, 2024, Order on a request for confidentiality, UPC_CFI_457/2023
Generally, a confidentiality club shall include at least one natural person from an intervening party: Since the intervener shall be treated as a party in accordance with R. 315.4 RoP (unless otherwise ordered by the Court), on request according to R. 262A a confidentiality club shall comprise at least one natural person from the intervener.…
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LD Munich, May 27, 2024, Order on request to extend and to shorten a deadline, UPC_CFI_498/2023
It is a reason for a term extension if wrong exhibits to which reference is made in the Statement of claim have been made available via the CMS: According to case law of the Court of Appeals (UPC-CoA_320/2023; APFL_572929/2023) it is sufficient for an extension of the terms for lodging the Statement of Defense, if…
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CD Munich, 21 September 2023, order rejecting Rule 262.1 (b) RoP request, UPC_CFI_75/2023
Access to all written pleadings and evidence requires a concrete, verifiable and legally relevant reason: A request according to Rule 262.1(b) RoP for access to written pleadings and evidence by a member of the public requires a concrete, verifiable and legally relevant reason. The reasons to be provided in the request must pertain to the…
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CD Munich, 20 September 2023, order rejecting Rule 262.1(b) RoP request, UPC_CFI_1/2023
Access to all written pleadings and evidence requires a concrete, verifiable and legally relevant reason: A request according to Rule 262.1(b) RoP for access to written pleadings and evidence by a member of the public requires a concrete, verifiable and legally relevant reason. The wish of a natural person to form an opinion on the…