2024-09-17 - CoA - Mala Technologies v. Nokia - UPC_CoA_227/2024

1. In the light of the objective of Art. 29 to 32 of the Brussels I recast Regulation, Art. 71c(2) of the Brussels I recast Regulation must be interpreted as meaning that the provisions apply where, during the transitional period of Art. 83 UPCA, proceedings are pending before the UPC and a national court, even if the proceedings before the national court were initiated prior to the transitional period. 2. Art. 31 of the Brussels I recast Regulation does not depart from the general principle of Art. 29 of that Regulation, according to which a court is required to decline jurisdiction only if the proceedings involve the same cause of action and the same parties. 3. The request for a stay pursuant to Art. 30 of the Brussels I recast Regulation is to be regarded as a preliminary objection within the meaning of R. 19 RoP.

The Court of Appeal partially granted the appeal and set aside the CFI's order not to stay the proceedings pending the outcome of the German Patent Court's validity decision and ordered the stay. The order contains explanations on the application of Brussels I (Recast).