UPC Central Division: Procedural Decision: Penalty Payment, Enforcement, Retroactive Effect

The court of first instance has jurisdiction to impose penalty payments for infringements of an order of the Court of Appeal (here: preliminary measure). An order of the Court of Appeal which sets a ceiling for the penalty payment ("up to EUR 250,000 for each infringement") is sufficiently specific and enforceable. A subsequent order of the court of first instance containing more specific prohibitions cannot be applied retroactively to acts that took place before it was issued (CD Milan 4.12.2025, CFI 1167/2025).