UPC CFI, LD Hamburg, 18 December 2024: UPC competent to hear director liability claim, but further to be decided on the merits
20-01-2025 Print this pageIPPT20241218, UPC CFI, LD Hamburg, Visibly v Easee
Preliminary objection dismissed (R. 19 RoP).
An alleged patent infringement is a matter of tort, delict or quasi-delict in the meaning of Art. 7 sub (2) of the Brussels I recast Regulation. Thus, the UPC has jurisdiction also for claims based on personal (director) liability with regards to an alleged infringement of a European patent under Article 32 UPCA.
Whether the director of a company can be successfully sued before the UPC and held liable for the infringement of a patent is a liable is a question of the merits of the case which is not subject to the determination of jurisdiction and competence.
