2023-08-10 - LD Munich - Edwards Lifesciences v. Meril - UPC_CFI_15/2023

Was ist diese UPC-Entscheidung?

Zusammenfassung: Munich LD (Judge Zigann) granted Meril GmbH's application under Rule 9.3(a) RoP to extend the Rule 19.1 RoP preliminary-objection deadline from 07.08.2023 to 04.09.2023. The JR held that under Rule 271.6(a) RoP, service by e-mail/CMS is effective on the date the electronic notification was sent, and that the additional registry step of activating CMS access is merely a protective mechanism that does not defer the service date — noting, as an observation, that the CMS implementation appears to trigger the limitation period from actual login rather than from the possibility to log in, contrary to Rule 271.6 RoP. The JR rejected the applicant's principal argument (that objection deadlines for co-defendants must run in parallel), reasoning (i) that under Rule 19.6 RoP a preliminary objection does not automatically affect the statement-of-defence deadline, (ii) that Rule 19.1 RoP objections address narrow issues (competence, opt-out under Rule 5 RoP, divisional competence, language) that may justifiably be resolved defendant-by-defendant, and (iii) that the opposing party has a legitimate interest in timely certainty. The extension was nonetheless granted exceptionally as a practical concession to the novel UPC/CMS environment and because the claimant had consented. The JR also clarified that the 01.08.2023 CMS service notification concerned Meril Life Sciences Pvt Ltd, not Meril GmbH, and directed the Registry to correct the CMS record.

Quelle und Fundstellen

Quelle: UPC Website

Referenz: ORD_557466/2023

Aktenzeichen: UPC_CFI_15/2023