Home » UPC decisions » Luxembourg Court of Appeal » Court of Appeal, March 27, 2026, Decision, UPC_CoA_409/2025, UPC_CoA_410/2025, UPC_CoA_420/2025

Court of Appeal, March 27, 2026, Decision, UPC_CoA_409/2025, UPC_CoA_410/2025, UPC_CoA_420/2025

Marius Fischer

2 min Reading time

Table of Contents

  1. Key takeaways
  2. Division
  3. UPC number
  4. Type of proceedings
  5. Parties
  6. Patent(s)
  7. Body of legislation / Rules

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Key takeaways

Logging into the UPC’s Case Management System does not constitute an “entering of an appearance” to establish jurisdiction under the Brussels Ia Regulation.

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The mere access to the file, before any active step or defense, is however not sufficient to establish a deliberate choice regarding the jurisdiction of the UPC. Another step is required in order to constitute the entering of an appearance within the meaning of Art. 26(1) Brussels Ia Regulation.

It is only when the defendant lodges its first statement, by filing a Preliminary objection pursuant to R. 19 RoP as to the issues listed in R. 19.1 and .4 RoP or, if not, the Statement of defence pursuant to R. 23 ff. RoP as to the substance of the dispute, that he will have deliberately chosen or contested the international jurisdiction of the court seized instead of the court which would normally have jurisdiction under the provisions laid down in Brussels Ia Regulation.

Division

Court of Appeal

UPC number

UPC_CoA_409/2025
UPC_CoA_410/2025
UPC_CoA_420/2025

Type of proceedings

Appeal RoP220.1

Parties

NUC Electronics Europe GmbH, WARMCOOK

Hurom Co., Ltd.

Patent(s)

EP 2 028 981

Body of legislation / Rules

Art. 26(1) Brussels Ia Regulation, Rule 19 RoP

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  • Lisa Fleidl, Attorney-at-Law at BARDEHLE PAGENBERG

    Attorney-at-Law (Rechtsanwältin), UPC Representative

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