UPC CoA, 8 May 2026: discretionary review dismissed: issue already decided
02-06-2026 Print this page
Request for discretionary review dismissed (R. 220.3 RoP).
The fundamental legal question underlying the request has been clarified by the Court of Appeal in its order of 13 March 2026 [between the same parties] . The Court of Appeal ruled that, where the UPC has jurisdiction on the basis of Article 7(2) of Regulation 1215/2012 as the court of the place where the damages occurred or threaten to occur, said article does not provide jurisdiction for infringement in non-member states of the UPC. The order of the Court of Appeal, which was handed down in proceedings between the parties and concerning the patent at issue, conclusively settles the legal issue or question.
Uniform application of R. 334(h) RoP: As far as the Appellants refer to the necessity for a uniform application of R. 334(h) RoP, this argument also fails. Their request for a review of discretion does not suggest that various divisions of the Court of First Instance take fundamentally different approaches when exercising their respective discretion.
