Rule 205 – Stages of the proceedings (summary proceedings)

Provisional measures are treated by way of summary proceedings which shall consist of the following stages:

(a) a written procedure; and

(b) an oral procedure, which may include an oral hearing of the parties or of one of the parties.

Case law

UPC Court of Appeal

IPPT20260421, UPC CoA, Merz v Viatris
Invalidity defence in proceedings for provisional measures does not require a counterclaim for revocation and is not a separate action (R. 25.1 RoP, R. 205 RoP). Similarly, a waiver of an invalidity defence in proceedings for provisional measures is not an application to change the claim or amend the case in the meaning of R. 263 RoP, nor is it a withdrawal in the sense of R. 265 RoP.  

Court of First Instance

IPPT20250804, UPC CFI, LD Düsseldorf, Imusyn v BAG Diagnostics
Request to assign a technically qualified judge in summary proceedings (Article 8(5) UPCA, R. 34 RoP, R. 211 RoP). Although the appointment of a technically qualified judge ex officio is only mentioned in R. 34 RoP and thus in the provisions governing the main proceedings, Art. 8(5) sentence 2 UPCA generally grants the panel, and thus also in summary proceedings, the right to call in such a judge on its own initiative after hearing the parties if it deems this appropriate.

IPPT20250501, UPC CFI, LD Düsseldorf, Aesculap v Shanghai International

Request to assign an  technically qualified judge to the panel in summary proceedings (R. 205 RoP). Although the involvement of a technically qualified judge ex officio is only mentioned in R. 34 RoP and thus in the provisions on the main proceedings, Art. 8(5) sentence 2 UPCA grants the panel in general, and thus also in summary proceedings, the right to call in such a judge on its own initiative after hearing the parties if it considers this appropriate

IPPT20250127, UPC CFI, LD Munich, Avago v Realtek
Withdrawal of request for provisional measures (R. 205 RoP, R. 265 RoP). By analogy reimbursement of 20% of court fees (R. 370.9 RoP)

IPPT20230828, UPC CFI, LD Helsinki, AIM Sport Vision v Supponor
Procedural order in main proceedings and provisional measures proceedings concerning issues to be addressed in written submissions, invitation to an oral hearing in front of the whole panel, including a technically qualified judge, and instructions regarding oral hearing.