2024-12-11 - LD Munich - Huawei v. Netgear - UPC_CFI_791/2024

1. Art. 32 (1) a), c) UPCA establish the substantive competence of the UPC for the adoption of provisional measures by which an applicant seeks relief from impending (foreign) prohibitions on litigation and/or enforcement. 2. A (foreign) prohibition of litigation and/or enforcement violates the general European right to access to the courts (Art. 47 EU Charter). The prohibitions also contradict the German right to access to the courts according to Art. 2 (1), 19 (4) of the German Constitution and are to be qualified as a tortious act in the sense of Section 823 (1) of the German Civil Code.

The Munich Local Division ordered this preliminary anti-anti-suit injunction (AASI) against the respondent who had filed an application for an anti-suit-injunction in California. The Court explained that such anti-suit-injunction contradicted the European and German rights to access to the courts and could further be qualified as a tortious act under German Civil Law.