2026-06-09 - LD Copenhagen - Vahterus v. Euro Heat - UPC_CFI_80/2024
- Aktenzeichen:
- UPC_CFI_80/2024
- Datum:
- Spruchkörper:
- Court of First Instance - Copenhagen (DK) Local Division
- Art:
- Decision
- Parteien:
- Vahterus Oy v. Euro Heat doo
Kernaussage: The Copenhagen Local Division issued a decision by default against a Serbian defendant that filed no Statement of Defence and no preliminary objection.
2026-06-09 - LD Copenhagen - Vahterus
v.
Euro Heat - UPC_CFI_80/2024
notable
The Copenhagen Local Division issued a decision by default against a Serbian defendant that filed no Statement of Defence and no preliminary objection. It established international jurisdiction under Art. 31 UPCA and Art. 71b(1) and (2) with Art. 7(2) Brussels Ia, which reach a defendant domiciled outside the EU, with the harmful event in Denmark where the product was imported and sold. A counterstatement contesting jurisdiction, sent by e-mail by a Serbian lawyer outside the CMS, was not a preliminary objection under R. 19 RoP, given R. 4 RoP and the representation rules of Art. 48 UPCA and R. 8 RoP, so R. 19.7 RoP treated the defendant as having submitted to the jurisdiction. Applying Art. 37(1) UPCS and R. 355 RoP, the Division set out three admissibility conditions and one merits condition, found them met on the plaintiff's conclusive and undisputed submissions, and found literal infringement of claim 1. It granted a permanent injunction, a recurring penalty payment framed as a maximum of EUR 50,000 instead of the fixed sum requested, and costs, and saw no reason to suspend enforcement or require security.