UPC CFI, LD Mannheim, 23 July 2025: €100.000+ penalty due to punish shortcomings and disobedience in enforcing judgement of 2 April 2025
12-08-2025 Print this page
€ 100.000+ penalty imposed upon Defendants (Article 82 UPCA, R. 354 RoP) to punish their shortcomings and disobedience with the operative part of the decision of the UPC Claimant seeks to enforce and to coerce Defendants to comply with what had been ordered by the Court.
The penalty regime imposed is three-pronged. For the past period, a lump sum penalty payment (€ 100.000) is being imposed. In a next step, moderate daily penalty payments (€ 2.500 per day) are being imposed and a time period is set to catch up on what should already have been provided. In a further step drastic penalty payments (€ 10.000 per day) are being imposed, in case Defendants still are not prepared to comply with the decisions and orders of the UPC.
No prior penalty warning required since the court did not put enforcement of the decision under further preconditions, it had been clear from the date of service, i.e. 2 April 2025 of the decision that compliance is mandatory and the only remaining step is a notification of the Claimant according to R. 118.8 RoP.
No further warning was necessary. Indeed neither R. 354.3 or .4 RoP explicitly call for a warning. The language of R. 354.3 RoP does not call for a warning at least when – as it had been the case here – the decision on the merits unambiguously states that the imposition of penalties may be the court’s reaction to disobedience with the operative part of the judgement.
One week deadline for recall and removal from channels of commerce seems reasonable (Article 62 UPCA)
