Home » UPC decisions » Local Division » The Hague Local Division » LD The Hague, June 19, 2024, Order of the Court of First Instance, UPC_CFI_130/2024

LD The Hague, June 19, 2024, Order of the Court of First Instance, UPC_CFI_130/2024

2 min Reading time

Key takeaways

The court read Applicant’s application to also cover Ireland, which is a signatory state to the UPCA and therefore a Contracting Member State, even though Ireland has not yet ratified the Agreement.

Pursuant to Art. 31 UPCA which provides that the international competence of the court is established in accordance with Brussels Regulation 1215/2012 as amended by EU Regulation 542/2014, “BR”, and Art. 26, 35 and 71, 71a and 71b BR, the court held that it is competent to hear the case.

The court held that the application for provisional measures is not devoid of purpose pursuant to R. 360 RoP since Applicant has sufficiently demonstrated that Defendants did not fully comply with their own unilateral cease-and-desist declaration. The court found all prerequisites as set forth in R. 211 RoP to be met regarding the Application for provisional measures.


LD The Hague

UPC number


Type of proceedings

Infringement proceedings, Application for provisional measures


Applicant: Abbott Diabetes Care Inc.


  1. Sibio Technology Limited
  2. Umedwings Netherlands B.V.


EP 2 713 879

Body of legislation / Rules

Art. 31 UPCA, Art. 26, 35, 71, 71a and 71b Brussels Regulation 1215/2012 amended by EU Regulation 542/2014; R. 211 RoP, R. 360 RoP

Was the article helpful?



Stay in the loop

Never miss a beat by subscribing to the email newsletter. Please see our Privacy Policy.

* = Required field