2025-08-14 - CoA - Barco v. Yealink Network Technology - UPC_CoA_317/2025; UPC_CoA_376/2025
- Aktenzeichen:
- UPC_CoA_317/2025; UPC_CoA_376/2025
- Datum:
- Spruchkörper:
- Court of Appeal - Luxembourg (LU)
- Art:
- Application Order
- Parteien:
- Barco N.V. v. Yealink
Kernaussage: A change of claim through the introduction of a subsidiary claim will be denied when it broadens the claim in relation to what was claimed and alleged before, and there is no explanation why this could not have been made with reasonable diligence at an earlier stage.
2025-08-14 - CoA - Barco
v.
Yealink Network Technology - UPC_CoA_317/2025; UPC_CoA_376/2025
A change of claim through the introduction of a subsidiary claim will be denied when it broadens the claim in relation to what was claimed and alleged before, and there is no explanation why this could not have been made with reasonable diligence at an earlier stage.
The Court of Appeal rejected an application to amend the claim in the appeal stage, exchange further submissions and disregard part of the opponent's presentation. The CoA clarified and applied the legal standard for amending the claim in the appeal stage.
Stichwörter
Change of claim R. 263 RoP