UPC Local Division: Competence (Multiple Defendants)

The defendants argue that only the second defendant among the seven defendants performed acts in Germany, and therefore the Local Division Düsseldorf would lack competence with respect to the other defendants. However, under Article 33(1)(b) of the UPCA, the Local Division Düsseldorf also has competence over the remaining defendants, as all of them share a relationship of sufficient quality and intensity. As part of a corporate group, all defendants aim to bring the challenged embodiment to the European market on the basis of the same marketing authorization (Local Division Düsseldorf, 6 September 2024, Court of First Instance 165/2024).