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Order

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Main Details:

Registry number
ORD_6847/2025
Date
Parties
XSYS Prepress N.V., XSYS Germany GmbH, XSYS Italia S.r.l.
v.
Esko-Graphics Imaging GmbH
Order/Decision reference
ORD_6847/2025
Type of action
Generic Order
Language of Proceedings
German
Court - Division
Court of First Instance - Munich (DE) Local Division

English Headnotes:

1. The UPC's jurisdiction pursuant to Art. 32(1)(a) UPCA, Art. 2(g), Art. 3(c) UPCA also covers infringement actions to the extent that they are based on acts of use which are alleged to have taken place before the UPCA entered into force and/or in the period between an opt-out and the withdrawal thereof. 2. Jurisdiction and applicable law are separate aspects that must be assessed separately. It cannot be concluded from the UPC's jurisdiction that the UPCA always applies to every case to be decided, nor is the applicable law decisive for the UPC's jurisdiction.

German Schlüsselwörter:

Applicable Law, Preliminary Objection, Entry into force UPCA, Jurisdiction, Competence