2024-11-12 - CoA - Aim Sport Development v. Supponor - UPC_CoA_489/2023
- Aktenzeichen:
- UPC_CoA_489/2023
- Datum:
- Spruchkörper:
- Court of Appeal - Luxembourg (LU)
- Art:
- Appeal Decision
- Parteien:
- AIM Sport Development AG v. Supponor Oy, Supponor Limited, Supponor SASU, Supponor Italia SRL, Supponor España SL
Kernaussage: The term ‘action’ in Art.
2024-11-12 - CoA - Aim Sport Development
v.
Supponor - UPC_CoA_489/2023
The term ‘action’ in Art. 83 UPCA refers not only to infringement and revocation actions, but to all actions mentioned in Art. 32 UPCA over which the UPC has jurisdiction.
Considering the wording, structure, object and purpose of Art. 83 UPCA as a whole, the sentence “Unless an action has already been brought before a national court” in Art. 83(4) UPCA must be understood to refer to an action brought before a national court during the transitional regime.
The Court of Appeal revoked the decision by the Court of first instance and found that Article 83 only prevents from bringing an action if national proceedings have been brought during the transitional period. The court referred the cases back to the Local Division in Helsinki.
Stichwörter
Jurisdiction of the Unified patent court, withdrawal of opt-out