2023-10-20 - LD Helsinki - Aim Sport Development v. TGI Sport - UPC_CFI_214/2023
- Aktenzeichen:
- UPC_CFI_214/2023
- Datum:
- Spruchkörper:
- Court of First Instance - Helsinki (FI) Local Division
- Art:
- Decision
- Parteien:
- AIM Sport Vision AG v. Supponor Oy, Limited, SASU, España SL, Italia SRL
Kernaussage: Article 83(4) UPCA, Rule 5.
2023-10-20 - LD Helsinki - Aim Sport Development
v.
TGI Sport - UPC_CFI_214/2023
Article 83(4) UPCA, Rule 5.8 RoP, competence of the Court, withdrawal of an opt-out
landmark
The Helsinki Local Division (full panel, Rinkinen presiding) held that a withdrawal of an opt-out under Art. 83(4) UPCA is ineffective whenever a national action concerning the same patent is or was pending before a court of a Contracting Member State, including national actions commenced before the UPCA entered into force on 1 June 2023. Reading Art. 83(4) UPCA together with Rule 5.8 RoP and applying Art. 31 VCLT, the Court found the wording unambiguous and rejected the patentee's retroactivity (Art. 28 VCLT), fundamental-rights and Brussels Ibis Art. 71c(2) arguments; it also rejected the argument that different parties in the national actions could save the withdrawal. Because the opt-out remained effective, the UPC lacked competence over EP 3 295 663 and both the infringement action and the provisional measures application were dismissed. The defendants' application for EUR 1.6M security for costs under Art. 69(4) UPCA and Rule 158.1 RoP was dismissed for insufficient evidence of insolvency and because future Court of Appeal costs cannot be secured at the CFI stage.