2025-02-10 - 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:
- Application Order
- Parteien:
- AIM Sport v. Supponor, TGI Sport
Kernaussage: The Court may add a party to the case when the right of defence of defendants, including the new party, are sufficiently guaranteed (R.
2025-02-10 - LD Helsinki - Aim Sport Development
v.
TGI Sport - UPC_CFI_214/2023
The Court may add a party to the case when the right of defence of defendants, including the new party, are sufficiently guaranteed (R. 305 RoP).
When considering the leave to amend the case or to change the claims (R. 263 RoP) the risk of irreconcilable and inconsistent decisions from different courts favours allowing the changes but at the same time protecting the frontloaded procedure of the UPC and the rights of the defendants to defend themselves must be the leading principles.
The amendments to the case must be explained in R. 263 RoP application but can be detailed in an appendix.
The Helsinki Local Division issued an order granting leave to amend the claim related to additional defendants, countries and acts of (alleged) infringement. The Court assessed the requirements under Rule 263 and gave reasons as to why the amendments were allowed. Regarding the change of defendants, the Court allowed it under the condition of a corresponding application on the CMS.
Stichwörter
Change in parties, Leave to change claim or amend case