Article 71c

1.  Articles 29 to 32 shall apply where proceedings are brought in a common court and in a court of a Member State not party to the instrument establishing the common court.
2.  Articles 29 to 32 shall apply where, during the transitional period referred to in Article 83 of the UPC Agreement, proceedings are brought in the Unified Patent Court and in a court of a Member State party to the UPC Agreement.

UPC Case Law

UPC Court of Appeal

IPPT20240917, UPC CoA, Mala v Nokia
A court is to decline jurisdiction only if the proceedings involve the same cause of action and the same parties (Articles 31 and 29 Brussels I recast).  Art. 31 requires that the second court seised establish the jurisdiction of the first court itself, rather than wait for the first court to establish jurisdiction in accordance with Art. 29. During the transitional period of Article 83 UPCA, the articles 29 to 32 and 71c Brussels I recast apply where proceedings are pending before the UPC and a national court, even if the proceedings before the national court were initiated prior to the transitional period.  No need to refer a question on the interpretation of Art. 71c(2) or the applicability of Art. 29 to 32 of the Brussels I recast Regulation to the CJEU. Whether or not the Court of Appeal’s interpretation of Art. 71c(2) is correct and Art. 29 to 32 of the Brussels I recast Regulation apply, the result is the same.

UPC Court of First Instance

IPPT20240704, UPC CFI, LD Paris, DexCom v Abbott 
Brussels Ibis applies to UPC irrespective of article 71c as the UPC is a “common court” (Article 71a Brussels Ibis, Article 31 UPCA). 

IPPT20240502, UPC CFI, CD Paris, Nokia v Mala Technologies
Preliminary objection against jurisdiction of the UPC because of ‘lis pendens’ with German revocation action rejected (Rule 19.1(a) RoP, Article 71c Brussels I, Article 83 UPCA). Lis pendens rules of Article 71c(2) Brussels I Reg recast do not apply  to a case in which the lawsuit before the national German court was brought two years before the beginning of the transitional period. No stay of UPC revocation action possible because of pending German revocation proceedings. Article 30 (1) Brussels I Reg recast is not applicable.