UPC Local Division: Objection due to lack of jurisdiction and competence

The respondent objects on the basis of lack of jurisdiction and competence. This is, because the parties are subject to a standstill agreement, which requires that one party notifies the other party of its intention to file action 90 days prior to filing; no notification was made. The objection is rejected. A lack of jurisdiction and competence can be relative, if another Court has jurisdiction and competence, or absolute, if the case does not concern a right worthy of protection. In the present case, neither of these situations applies. The defendant argues that the Court's lack of jurisdiction and competence results from the failure to comply with the 90-day notice requirement. However, this would imply that a Court would only temporarily lack jurisdiction and competence. Jurisdiction and competence must meet objective criteria and cannot depend on the legal action and/or the identity of the claimant (Paris Local Division, UPC May 10, 2024, CFI 589997/2023).