On 9 May 2016, about one and half months after the Düsseldorf Regional Court's judgments in SLC v Vodafone (docket numbers 4a O 73/14 and 4a O 126/14, see above), the Düsseldorf Court of Appeal denied Vodafone and HTC's request for a preliminary stay of enforcement of the respective judgments. The Court of Appeal ruled (without rendering a final adjudication) that the Regional Court's judgments are not evidently and apparently wrong. Therefore, the Court of Appeal did not see a reason for a preliminary stay of enforcement and held that a final adjudication will be conducted in the ordinary course of proceedings. The Court of Appeal, however, made an interesting remark concerning the provision of a counter-offer by the defendant already at this stage. According to this remark it appears possible that the defendant will be given the possibility to provide a counter-offer still in the on-going court proceedings.
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