1. Key takeaways
The Rules of Procedure of the UPC do not contain a principle according to which evidence for factual allegations arising from the action may no longer be submitted by the party to the action after the action has been filed.
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.
2. Division
LD Munich
3. UPC number
UPC_CFI_550/2024
4. Type of proceedings
Infringement Action
5. Parties
Claimant: Collomix GmbH
Defendants: 1. Lidl Digital Deutschland GmbH & Co. KG, 2. Lidl Dienstleistung GmbH & Co. KG, 3. Delta-Sport Handelskontor GmbH
6. Patent(s)
EP 3 719 455
7. Jurisdictions
Place jurisdictions
8. Body of legislation / Rules
Rule 172 RoP
UPC_CFI_550-2024_LD Munich_2024-11-21 Download
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