Germany: Trials & Appeals & Compensation

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Court Of Appeal, February 17, 2026, Final Decision, UPC_CoA_302/2025

Pursuant to Art. 75(1) UPCA, where the CoA sets aside a decision of the CFI, it shall, as a rule...

BP

Bardehle Pagenberg

CoA, February 9, 2026, Decision Concerning A Decision Of The EPO To Reject A Request For Unitary Effect

Unitary effect under Article 3(1) of Regulation 1257/2012 requires a patent to be granted for all UPC Member States; a "carve-out" for non-designated states is not permissible.

BP

Bardehle Pagenberg

LD Mannheim, January 30, 2026, Order By The Panel On Application For The Imposition Of Penalties, UPC_CFI_365/2023

Regarding the merits of the case, the panel confirms the decision by the Judge-rapporteur of January 20, 2026 (cf. our separate report). In view of the enforcement also in a non-UPC state (here: UK)...

BP

Bardehle Pagenberg

German Federal Court Of Justice Sets The Bar: New Evidence Standards When Limiting EU Freedoms In Civil Cases

In a landmark decision, the German Federal Court of Justice has clarified the standard of proof required for justifying legislative restrictions on the EU's four freedoms in civil proceedings (I ZR 74/24 – Arzneimittel-Check).

Germany Litigation

GT

Greenberg Traurig, LLP

Central Division Paris, January 26, 2026, Order Concerning Review Pursuant To R. 333 RoP, UPC_CFI_999/2025

BP

Bardehle Pagenberg

CoA, January 26, 2026, Order Regarding A Request Pusuant To R. 262.2 RoP, UPC_CoA_917/2025

BP

Bardehle Pagenberg

Court Of Appeal, December 29, 2025, Decision On Revocation Action, UPC_CoA_71/2025

BP

Bardehle Pagenberg

Court Of Appeal, December 23, 2025, Decision On Application For Withdrawal, UPC_CoA_523/2024

BP

Bardehle Pagenberg

Court Of Appeal, December 22, 2025, Decision On Access To Written Pleadings And Evidence, UPC-COA-0000886/2025

BP

Bardehle Pagenberg

Court Of Appeal, December 24, 2025, Order Concerning An Application For Leave To Appeal Against A Cost Decision, UPC-COA-0000911/2025

BP

Bardehle Pagenberg

Court Of Appeal, December 17, 2025, Procedural Order Re. Application Of Suspensive Effect, UPC_CoA_926/2025, UPC_CoA_927/2025

Germany Litigation

BP

Bardehle Pagenberg

Court Of Appeal, December 1, 2025, Appeal Against An Order Re. Change Of The Language Of Proceedings

BP

Bardehle Pagenberg

LD Düsseldorf, December 5, 2025, Order Re. Provisional Measures, UPC_CFI_712/2025

BP

Bardehle Pagenberg

Court Of Appeal, December 9, 2025, Appeal In Proceedings Re. Damages, UPC_CoA_8/2025

BP

Bardehle Pagenberg

German Federal Court Of Justice Sets The Bar: New Evidence Standards When Limiting EU Freedoms In Civil Cases

Germany Litigation

GT

Greenberg Traurig, LLP

BaFin Publishes Its 2026 Risks In Focus

Germany Finance

PL

PwC Legal Germany

Central Division Paris, January 26, 2026, Order Concerning Review Pursuant To R. 333 RoP, UPC_CFI_999/2025

BP

Bardehle Pagenberg

Are Company Directors Liable For Patent Infringements? (2025) (Video)

BP

Bardehle Pagenberg

The Hidden Risks Of 'Compliance With Applicable Law' Clauses In Financial Sector Outsourcing – When It Is Unclear Which Regulatory Framework Actually Applies To The Outsourced Service

Germany Compliance

DMR Legal

LD Mannheim, December 5, 2025, Procedural Order Re. Adjournment Of Proceedings, UPC_CFI_414/2024

R. 114 RoP is applicable only in exceptional situations where, during the oral hearing, a specific issue or a specific in-depth investigation is identified as necessary and cannot reasonably be completed...

BP

Bardehle Pagenberg

Court Of Appeal, December 2, 2025, Procedural Order Re. Application For Suspensive Effect, UPC_CoA_894/2025

An exception to the principle that an appeal has no suspensive effect may apply, for instance, if the order against which the appeal is directed contitutes obvious errors, or if the enforcement of the appealed order...

BP

Bardehle Pagenberg

International Arbitration Comparative Guide

International Arbitration Comparative Guide for the jurisdiction of Germany, check out our comparative guides section to compare across multiple countries

Germany Litigation

HS

Herbert Smith Freehills Kramer LLP

Court Of Appeal, November 7, 2025, UPC_CoA_579/2025

The court confirms the principles on claim construction: The patent claim is not only the starting point but the decisive basis for determining the protective scope of a European patent...

BP

Bardehle Pagenberg

CoA, October 30, 2025, Order On Application For Security For Costs, UPC_CoA_8/2025

BP

Bardehle Pagenberg

LD Düsseldorf, October 16, 2025, Order Re. Service Of PI Request Under The Hague Convention

Germany Litigation

BP

Bardehle Pagenberg

Court Of Appeal, October 14, 2025, Appeal Against An Order Re. Penalty Payments, UPC_CoA_699/2025

Germany Litigation

BP

Bardehle Pagenberg

User Device Configured To Function As PoS Terminal: Technical

European Union Media & IT

BP

Bardehle Pagenberg

German TP Update: Amended Guidance On International Mutual Agreement And Arbitration Procedures

AM

Alvarez & Marsal

CoA, September 23, 2025, Procedural Order Concerning An Application To Intervene, UPC_CoA_755/2025, UPC_CoA_757/2025

BP

Bardehle Pagenberg

CoA, August 20, 2025, Order On Leave Of Appeal, UPC_CoA_380/2025

BP

Bardehle Pagenberg

LD The Hague, August 18, 2025, Order, UPC CFI 191/2025 & UPC CFI 192/2025

BP

Bardehle Pagenberg

German Court Clarifies Scope Of "Substantial Domestic Operations" For Asserting Jurisdiction Under Transaction Value Threshold

Germany Anti-trust

PC

Perkins Coie LLP

CoA, August 25, 2025, Procedural Order, UPC_CoA_758/2015 And UPC_CoA_759/2025

BP

Bardehle Pagenberg

CoA, August 20, 2025, Order On Leave Of Appeal, UPC_CoA_380/2025

The UPC must interpret its own substantive and procedural law in accordance with EU law and, in the rare cases where such interpretation is not possible...

BP

Bardehle Pagenberg

LD The Hague, August 18, 2025, Order, UPC CFI 191/2025 & UPC CFI 192/2025

When reviewing a Judge-Rapporteur's order, the full panel will not re-examine the entire decision but will confine its assessment to the specific, substantiated grounds for review raised by the applicant.

BP

Bardehle Pagenberg

German Court Clarifies Scope Of "Substantial Domestic Operations" For Asserting Jurisdiction Under Transaction Value Threshold

The German Federal Court of Justice has confirmed that the Federal Cartel Office was right to conclude that processing of German end-customer data (on behalf of German business customers) constituted...

Germany Anti-trust

PC

Perkins Coie LLP

CoA, August 25, 2025, Procedural Order, UPC_CoA_758/2015 And UPC_CoA_759/2025

Although R.223.5 RoP provides that there shall be no suspensive effect for an order pursuant to (amongst other) R.220.2 RoP...

BP

Bardehle Pagenberg

Court Of Justice Of The European Union: Limitation Of Trademark Rights Only To The Extent Provided For In The Trademarks Directive – Extraterritorial Application Of National Trademark Rights: Possession Abroad

BP

Bardehle Pagenberg

LD Mannheim, July 16, 2025, Order Concerning Request For The Extension Of Time Periods

Extensions are granted only in justified exceptional circumstances to ensure efficient proceedings.

BP

Bardehle Pagenberg

CoA, July 15, 2025, Review Of Orders To Preserve Evidence, UPC_CoA_327/2025, UPC_CoA_002/2025

It is necessary to distinguish between the assessment of urgency in the context of an application for preserving evidence (R. 194.2(a) RoP)...

BP

Bardehle Pagenberg

CoA, July 12, 2025, Decision Concerning Application For A Decision By Default (R. 355 RoP)

R. 355.2 RoP only applies when a decision by default is sought "against the defendant of the claim ". It does not apply when a decision by default is requested by the defendant...

BP

Bardehle Pagenberg

CoA, Order Of July 12, 2025, R 220.2 RoP Appeal On Security For Costs

The Court of Appeal upheld the Court of First Instance's order requiring the appellant to provide €300,000 as security for the respondent's costs (Art. 69 UPCA, R. 158 RoP).

BP

Bardehle Pagenberg

UPC Monthly Report 06/2025

BP

Bardehle Pagenberg

FCO Tightens Grip On Cartels With Increasing Number Of Dawn Raids And Court Proceedings

Germany Anti-trust

LS

Luther Luxembourg S.A.

CoA, July 10, 2025, Procedural Order Concerning An Application For Suspensive Effect, UPC_CoA_581/2025

BP

Bardehle Pagenberg

Court Of Appeal, July 3, 2025, Order Re. Members Of Confidentiality Club, UPC_CoA_221/2025 Et Al

BP

Bardehle Pagenberg

LD Mannheim, June 27, 2025, Request For Time Extension, UPC_CFI_344/2025

BP

Bardehle Pagenberg

Court Of Appeal, July 3, 2025, Revocation Action, UPC_CoA_178/2025

BP

Bardehle Pagenberg

LD Munich, July 2, 2025, Procedural Order On Security For Procedural Costs (R. 158 RoP), UPC_CFI_245/2025

BP

Bardehle Pagenberg

Court Of Appeal, July 3, 2025, Order Re. Appeal Against Cost Decision, UPC_CoA_153/2025

BP

Bardehle Pagenberg

Court Of Appeal, June 26, 2025, Order Concerning Security Of Costs And Disposal Of An Action That Has Become Devoid Of Purpose

Germany Litigation

BP

Bardehle Pagenberg

Court Of Appeal, June 23, 2025, Order Concerning An Application For The Revocation Of Provisional Measures, UPC_CoA_286/2025

BP

Bardehle Pagenberg

Court Of Appeal, June 20, 2025, Order Concerning Security For Costs (R. 158 RoP), UPC_CoA_393/2025

BP

Bardehle Pagenberg

Court Of Appeal, June 6, 2025, Decision, UPC_CoA_618/2024

BP

Bardehle Pagenberg

LD Mannheim, June 6, 2025, Procedural Order In Infringement Action, UPC_CFI_745/2024

BP

Bardehle Pagenberg

Court Of Appeal, June 6, 2025, Procedural Order, UPC_CoA_434/2025

BP

Bardehle Pagenberg

Court Of Appeal, May 30, 2025, Orders, UPC_CoA_845/2024, UPC_CoA_50/2025

Germany Litigation

BP

Bardehle Pagenberg

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Bardehle Pagenberg

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