2026-10-13 - LD Munich - Swarco Futurit Verkehrssignalsysteme et al. v. Yunex - UPC_CFI_245/2025

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Munich Local Division panel held that an application for panel review under R. 333 RoP is an independent remedy, not a further exchange of pleadings, and that the 15-day time limit of R. 333.2 RoP is met only if the fee under R. 333.3 RoP is paid in time, because by reference to R. 15.2 RoP the application is deemed not filed until the fee is paid. A fee paid one day late means the remedy is lost; a retroactive extension of the time limit under R. 9.3 RoP is not available, and the proper route would have been re-establishment of rights under R. 320 RoP. Neither remedy would have succeeded in any event, because the omission was the fault of the UPC representative and not a momentary slip of the kind the Court of Appeal excused in Optopol v Topcon. Leave to appeal was refused because the legal position is clear.

Quelle und Fundstellen

Quelle: UPC Website

Aktenzeichen: UPC_CFI_245/2025