Key takeaways
Extension of deadlines (R. 19.1, 23 RoP) in the case of a plurality of defendants and appointment of a representative making an electronic service possible
Here, a total of nine defendants are represented by the same representative. Appointment of the same representative helped to provide for a prompt and successful service of the statement for all Defendants via electronic service.
Alignment of deadlines
Whereas there is no necessity that each and every deadline have to be aligned for all parties on the claimants’ or the defendants’ side, there is still a procedural advantage especially in the beginning of the work of the Court as it streamlines the work-flow for all users with regard to the still developing nature of the Case Management System.
Partial consent of the other party
Defendants requested (i) extending the deadline for lodging the statement of defence and (ii) extending the deadline for lodging a preliminary objection. Claimant was invited to comment on these requests and consented to request (i), but did not consent with request (ii) apart from alignment of the due date for Defendant 5. Judge-rapporteur considered the extension of request (ii) allowable because all defendants appointed the same representative, which helped to provide for a prompt and successful service of the statement for all Defendants via electronic service.
Division
Local Division Hamburg
UPC number
UPC_CFI_278/2023
Type of proceedings
Infringement Action
Parties
Claimant: AGFA NV (Mortsel, BE)
Defendants:
- Guccio Gucci S.p.A. (Florence, IT)
- Marbella Pellami S.p.A. (Bientina, IT)
- G Commerce Europe S.p.A. (Scandicci, IT)
- Gucci Logistica S.p.A. (Scandicci, IT)
- GG Luxury Goods GmbH (Berlin, DE)
- Gucci France SAS (Paris, FR)
- GG France Services SAS (Oaris, FR)
- Gucci Belgium SA (Bruxelles, BE)
- Gucci Sweden AB (Stockholm, SE)
Patent(s)
EP 3 388 490 B1
Body of legislation / Rules
- Rule 19.1 RoP
- Rule 23 RoP
- Rule 271.6 RoP
- Rule 301.1 RoP