Main Details: Registry number ORD_6847/2025 Date 10 February, 2025 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 Keywords: Applicable Law, Preliminary Objection, Entry into force UPCA, Jurisdiction, Competence Back to Decisions and Orders
Main Details: Registry number ORD_6847/2025 Date 10 February, 2025 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 Keywords: Applicable Law, Preliminary Objection, Entry into force UPCA, Jurisdiction, Competence Back to Decisions and Orders