Main Details: Registry number APL_26889/2024 Date 17 septembre, 2024 Parties Mala Technologies Ltd. v. Nokia Technology GmbH Order/Decision reference ORD_43637/2024 Type of action Appeal RoP220.2 Language of Proceedings Anglais Court - Division Court of Appeal - Luxembourg (LU) English Headnotes: 1. In the light of the objective of Art. 29 to 32 of the Brussels I recast Regulation, Art. 71c(2) of the Brussels I recast Regulation must be interpreted as meaning that the provisions apply where, during the transitional period of Art. 83 UPCA, proceedings are pending before the UPC and a national court, even if the proceedings before the national court were initiated prior to the transitional period. 2. Art. 31 of the Brussels I recast Regulation does not depart from the general principle of Art. 29 of that Regulation, according to which a court is required to decline jurisdiction only if the proceedings involve the same cause of action and the same parties. 3. The request for a stay pursuant to Art. 30 of the Brussels I recast Regulation is to be regarded as a preliminary objection within the meaning of R. 19 RoP. English Mots-clés: Lis pendens and related actions, Preliminary objection, Stay of the proceedings, Appeal Back to Decisions and Orders
Main Details: Registry number APL_26889/2024 Date 17 septembre, 2024 Parties Mala Technologies Ltd. v. Nokia Technology GmbH Order/Decision reference ORD_43637/2024 Type of action Appeal RoP220.2 Language of Proceedings Anglais Court - Division Court of Appeal - Luxembourg (LU) English Headnotes: 1. In the light of the objective of Art. 29 to 32 of the Brussels I recast Regulation, Art. 71c(2) of the Brussels I recast Regulation must be interpreted as meaning that the provisions apply where, during the transitional period of Art. 83 UPCA, proceedings are pending before the UPC and a national court, even if the proceedings before the national court were initiated prior to the transitional period. 2. Art. 31 of the Brussels I recast Regulation does not depart from the general principle of Art. 29 of that Regulation, according to which a court is required to decline jurisdiction only if the proceedings involve the same cause of action and the same parties. 3. The request for a stay pursuant to Art. 30 of the Brussels I recast Regulation is to be regarded as a preliminary objection within the meaning of R. 19 RoP. English Mots-clés: Lis pendens and related actions, Preliminary objection, Stay of the proceedings, Appeal Back to Decisions and Orders