- within Transport and Privacy topic(s)
1. Key takeaways
Logging into the UPC's Case Management System does not constitute an "entering of an appearance" to establish jurisdiction under the Brussels Ia Regulation.
The mere access to the file, before any active step or defense, is however not sufficient to establish a deliberate choice regarding the jurisdiction of the UPC. Another step is required in order to constitute the entering of an appearance within the meaning of Art. 26(1) Brussels Ia Regulation.
It is only when the defendant lodges its first statement, by filing a Preliminary objection pursuant to R. 19 RoP as to the issues listed in R. 19.1 and .4 RoP or, if not, the Statement of defence pursuant to R. 23 ff. RoP as to the substance of the dispute, that he will have deliberately chosen or contested the international jurisdiction of the court seized instead of the court which would normally have jurisdiction under the provisions laid down in Brussels Ia Regulation.
2. Division
Court of Appeal
3. UPC number
UPC_CoA_409/2025
UPC_CoA_410/2025
UPC_CoA_420/2025
4. Type of proceedings
Appeal RoP220.1
5. Parties
NUC Electronics Europe GmbH, WARMCOOK
Hurom Co., Ltd.
6. Patent(s)
EP 2 028 981
7. Body of legislation / Rules
Art. 26(1) Brussels Ia Regulation, Rule 19 RoP
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
