2023-08-01 - LD Munich - Edwards Lifesciences v. Meril - UPC_CFI_15/2023

Was ist diese UPC-Entscheidung?

Zusammenfassung: Munich LD (Judge Zigann) issued a preliminary order (vorläufige Anordnung) on Meril GmbH's Rule 9.3(a) RoP application to extend the Rule 19.1 RoP preliminary-objection deadline. The JR held that under Rule 271.6(a) RoP, electronic service is effective on the date the CMS access code is sent to the registered representative — not on the date of actual CMS login (noting, as an observation, that the CMS appears to treat actual login as the trigger, contrary to the Rule). On the merits, the applicant's argument that Rule 19.1 RoP objection deadlines must run in parallel across co-defendants was rejected: Rule 19.6 RoP shows the defence deadline is not affected by objection filings, and the narrow Rule 19.1 issues (competence, Rule 5 opt-out, divisional competence, language) may justifiably be resolved on defendant-specific timing, with the claimant's legitimate interest in timely certainty favouring strict application. The JR nonetheless proposed an exceptional extension to 04.09.2023 on Rule 9.3(a) RoP discretion given the early-operational challenges of the UPC/CMS. Parties were invited to take position by 02.08.2023 / 03.08.2023; the final order followed on 10.08.2023 (node 401).

Stichwörter: preliminary objection, time limit, extension

Quelle und Fundstellen

Quelle: UPC Website

Referenz: App_557291/2023

Aktenzeichen: UPC_CFI_15/2023