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Appeal Decision

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Main Details:

Registry number
APL_26889/2024
Date
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