Topics: enforcement
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LD Mannheim, January 20, 2026, application for the imposition of penalties, UPC_CFI_365/2023
Enforcement of UPC orders in non-UPC territories requires prior recognition by national courts, but information orders can be enforced against defendants within the UPC territory (Art. 34 UPCA): The Court stresses that UPC decisions have automatic effect only within Contracting Member States. Outside that territory, they are treated as foreign judgments and must first be…
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LD Mannheim, July 23, 2025, order on penalty payments, UPC_CFI_365/2023
Penalties should be proportionate to the value of the dispute and the level of non-compliance: The Court considered the proportionality of the penalties in relation to the value of the dispute (€15,000,000) and the defendants’ actions. The penalty system aims to encourage compliance while allowing for increasing sanctions for continued violations. Neither R. 354.3 or…
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LD Düsseldorf, 18 October 2023, order of penalty payment, UPC_CFI_177/2023
The amount of a penalty payment shall be determined (i) to take account of the creditor’s interest in the enforcement of the order not complied with by the debtor, and (ii) to deter the debtor from future violations. The penalty payment shall primarily be determined in view of the debtor and its (past) conduct: If…
5 min Reading time→
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