Home » UPC decisions » Local Division » Munich Local Division » LD Munich, November 21, 2024, procedural order, UPC_CFI_550/2024

LD Munich, November 21, 2024, procedural order, UPC_CFI_550/2024

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Key takeaways

According to Rule 172.2 RoP, the Court may at any stage of the proceedings order a party alleging a fact to produce evidence within its control.

The parties are required to present their arguments in full as early as possible in the proceedings (item 7 of the preamble to the RoP). However, the RoP do not contain any principle according to which evidence for factual allegations of the party bringing the action may no longer be submitted after the action has been filed; otherwise there would be no basis for R. 103.1 (c), 104 (e), 172.2 and 114 RoP.

In any case, a distinction must be made between the submission of evidence and the question of whether it can be taken into account in the decision.

Division

LD Munich

UPC number

UPC_CFI_550/2024

Type of proceedings

Infringement Action

Parties

Claimant: Collomix GmbH

Defendants: 1. Lidl Digital Deutschland GmbH & Co. KG, 2. Lidl Dienstleistung GmbH & Co. KG, 3. Delta-Sport Handelskontor GmbH

Patent(s)

EP 3 719 455

Jurisdictions

Place jurisdictions

Body of legislation / Rules

Rule 172 RoP


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