Germany: Trials & Appeals & Compensation

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Article
CoA, July 8, 2026, Appeal Decision Regarding Request For Provisional Measures, UPC-CoA-36/2026
When exercising its discretion under R. 222.2 RoP, the CoA weighs the justification for the late submission, its relevance to the appeal, and the position of the opposing party. A party must explain why the evidence could not have been submitted in the first instance. The mere fact that assembling the evidence took time is insufficient where the party had ample opportunity to do so beforehand.
Germany IP
BP
Bardehle Pagenberg
Article
CoA, June 29, 2026, Appeal Decision On Public Access To File Under R. 262.1(b) RoP, UPC_CoA_52/2026 And UPC_CoA_53/2026
In two parallel infringement proceedings that had been terminated before a decision on the merits was rendered, a law firm applied for access to the parties’ written submissions under R. 262.1(b) RoP, citing educational and advisory purposes. The judge-rapporteur of the Munich LD granted access subject to redactions of confidential information.
Germany IP
BP
Bardehle Pagenberg
Article
CoA, June 29, 2026, CoA Partially Overturns Broad Evidence Production Order: Limits On Scope Clarified, UPC_CoA_57/2026
The CoA partially overturned a broad evidence production order of the LD Copenhagen and clarified the limits on the scope. The Court of First Instance had ordered Appellant to produce, subject to a penalty payment of up to EUR 1,000 per day of delay, complete construction drawings, manuals and “other materials” provided to customers. Appellant appealed, raising five grounds: disproportionality, lack of evidentiary necessity for process features, fishing expedition / pre-emptive remedies, self-incrimination, and insufficient confidentiality measures.
Germany IP
BP
Bardehle Pagenberg
Article
Mid Trial Guilty Pleas For Two Charged With 65 Equipment Shipments To Russia
Two brothers in Germany have pleaded guilty mid-trial to breaching EU sanctions against Russia by shipping engineering and industrial equipment valued at €830,000 between 2023 and 2024. As part of a plea agreement with prosecutors, both defendants have accepted four-year custodial sentences, with the court's verdict still pending while their father faces separate prosecution for related offenses.
Germany Criminal
DM
Duane Morris LLP
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