European Union: Litigation, Mediation & Arbitration

Subscribe
Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.
Article
LD Munich, August 17, 2026, Decision On Conditional Counterclaims For Revocation And Cost Allocation, UPC_CFI_492/2025, UPC_CFI_1309/2025
A Munich Local Division ruling addresses whether a counterclaim for patent revocation that transitions from unconditional to conditional status—dependent on a finding of infringement—remains subject to unconditional limitation requirements under Rule 263.3 of the Rules of Procedure. The case involves Papst Licensing's infringement action against Roborock entities concerning EP 3 030 943, with implications for procedural strategy in UPC patent disputes.
Germany Litigation
BP
Bardehle Pagenberg
See more
Article
LD Paris, August 19, 2026, Infringement Action With Conditional Counterclaim For Revocation, UPC_CFI_301/2025 And UPC_CFI_713/2025
The Paris Local Division of the Unified Patent Court issued a decision on the merits in an infringement action brought by Orange SA against HMD Global Oy concerning European Patent EP 2 345 029. The case involved jurisdictions across France, Germany, and Italy, with the defendant filing a conditional counterclaim for revocation under Article 33(3) of the UPCA and Article 69 of the EPC.
France IP
BP
Bardehle Pagenberg
Article
CoA Luxemburg, August 13, 2026, Central Revocation Action, UPC_CoA_884/2025 (Appeal From UPC_CFI_231/2024)
The Unified Patent Court's Court of Appeal examines critical questions of patent validity, including whether omitting disclosed features constitutes added matter when functional or structural links exist, and how technical effects factor into determining essential features for inventive step analysis. The decision also addresses procedural boundaries for raising new legal arguments on appeal.
France IP
BP
Bardehle Pagenberg
See more
Article
Substance Over Form: A Warning Letter Does Not Constitute A “proceeding” In Cases Of Dismissal For Delay
The High Court's recent judgment in O'Shaughnessy v Health Service Executive provides crucial guidance on when medical negligence proceedings may be dismissed for want of prosecution, particularly examining the significance of warning letters and the four-year inactivity threshold. Building on the Supreme Court's reformulated principles in Kirwan v Connors, the decision clarifies what procedural steps genuinely interrupt periods of delay and when the burden shifts to plaintiffs to justify continuation of st
Ireland Litigation
RL
RDJ LLP
See more
See more
Article
Death At Work During Work At Height: Liability, Compensation And Protection For Families
Work at height remains one of the most dangerous occupations despite technological advances, with falls from scaffolding, cranes, and platforms continuing to cause fatal workplace accidents. Understanding the complex web of legal liability—from employers to equipment owners—and knowing the compensation rights available to surviving families becomes crucial when tragedy strikes on construction sites and elevated workspaces.
Italy Employment
BI
Boccadutri International Law Firm
Article
UPC Confirms Admissibility Of Request To Increase Security For Costs
A Paris division of the Unified Patent Court granted a moderate €100,000 top-up to security for legal costs in a patent infringement case, balancing the defendant's increased defense expenses against the claimant's fundamental right to access justice. The court rejected demands for a much larger security increase, finding that the claimant's status as a micro-enterprise required careful consideration of proportionality principles under EU law.
France IP
MC
Marks & Clerk
See more