2026-05-05 - LD Hamburg - Brita Se v. Ningbo Blue Pluser Appliance - UPC-CFI-0001881/2025

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Hamburg Local Division partially granted Brita's application for penalty payments under Rule 354 RoP after Ningbo failed to comply with the information-disclosure obligation imposed by the 9 December 2025 preliminary-injunction order. Following the Court of Appeal's Kodak/Fujifilm reasoning, the panel held that even though Rule 118.8 RoP does not apply to PI proceedings, Rule 354.4 RoP still requires a prior threat (Androhung) before any penalty payment can be set, and the amount set cannot exceed the previously threatened maximum. Because the 17 March 2026 threat capped the daily rate at 1,000 EUR, the court could only set 1,000 EUR/day from 31 March 2026; staggered escalation to 1,500 EUR/day was permissible (it functions as a fresh threat), but the requested 2,500 EUR/day step and the open-ended escalation upon further application were refused as exceeding what had been threatened. 90% of the costs of the penalty enforcement procedure were imposed on Ningbo at a Streitwert of 50,000 EUR.

Quelle und Fundstellen

Quelle: UPC Website

Aktenzeichen: UPC-CFI-0001881/2025