2025-07-29 - LD Düsseldorf - Solarlab Aiko Europe et al. v. Maxeon Solar et al. - UPC_CFI_336/2024; UPC_CFI_605/2024
- Aktenzeichen:
- UPC_CFI_336/2024; UPC_CFI_605/2024
- Datum:
- Spruchkörper:
- Court of First Instance - Düsseldorf (DE) Local Division
- Art:
- Application Order
- Parteien:
- Maxeon v. Aiko, Memodo, VDH Solar Groothandel, PowerDeal
Kernaussage: When a claim is brought against multiple defendants without specifying their respective lia-bility for damages, their share of the amount in dispute is irrelevant when determining the cost ceiling.
2025-07-29 - LD Düsseldorf - Solarlab Aiko Europe et al.
v.
Maxeon Solar et al. - UPC_CFI_336/2024; UPC_CFI_605/2024
When a claim is brought against multiple defendants without specifying their respective lia-bility for damages, their share of the amount in dispute is irrelevant when determining the cost ceiling. All defendants must have an equal opportunity to first defend themselves against the alleged infringement as a whole and then against the alleged damages.
The Düsseldorf Local Division ordered the Claimant to provide a security in the amount of 100.000 € to three of the Defendants in addition to a security which was already ordered earlier for a different group of Defendants. The Court stated that the Defendants' share of the value in dispute did not matter when determining the cost ceiling because all Defendants needed to have equal opportunity to defend themselves.
Stichwörter
determination of the cost ceiling, Rule 158 RoP, groups of defendants