UPC Local Division: Lis Pendens

Before the application for a preliminary injunction was filed with the Local Division Düsseldorf, one of the defendants had already brought an action for a negative declaration at the national level in the Netherlands and thus requested the suspension of proceedings. This request is denied because the two proceedings are not based on the same cause of action. This is evident in light of the requested preliminary injunction regarding all Contracting Member States of the UPCA except the Netherlands, since the non-infringement action in the Dutch proceeding only concerns the Netherlands. The same applies to the preliminary injunction with regard to the Netherlands, because the Dutch proceeding is a main action, whereas the present proceeding concerns interim measures. Proceedings for interim measures do not fall under Article 29 of the Brussels Ia Regulation (Local Division Düsseldorf, 6 September 2024, Court of First Instance 165/2024).