Rule 314 – Order on Application to intervene

The judge-rapporteur shall decide on the admissibility of the Application to intervene by way of order. The other parties shall be given an opportunity to be heard beforehand.

Case Law:

IPPT20240730, UPC CFI, LD Vienna, Swarco v Strabag
Intervention admissible on the condition that the intervener deposits a security for costs in the amount of EUR 134.000 with the UPC by 20 August 2024 ((Rule 314 RoP). While Article 69(4) UPCA only provides for the provision of a security for costs by the plaintiff, Rule 158 RoP extends the circle of addressees of such an order to "the parties" and thus also to the intervener if it is admitted. Legal interest in the result of the action requires a direct and present interest in the issuance of the order or decision requested by the supported party, which in any case can be affirmed if it is alleged that the product purchased from the intervener infringes the patent in suit (Rule 313(1) RoP).

IPPT20240212, UPC CFI, LD Paris, Laser Components v Seoul Viosys
Forced intervention admissible for defendant Laser Components regarding its supplier, which is liable to indemnify Laser Components and should be bound by the decision in the infringement action (Rule 316A RoP)