UPC_CFI_274/2023

Decisions and documents (1)

• 2026-02-11procedural

  Beklagte:

  REEL GmbH

  1. National law shall apply to claims for damages for loss of profit if the factual circumstances were completed before the Unified Patent Court came into force on June 1, 2023. 2. Even when claiming lost profits due to a price reduction, it must be established that, under normal circumstances or under the specific circumstances, the profit would probably have been made. In this context, the offer must be reviewed for its reasonableness, taking all circumstances into account. 3. The possibility of an alternative offer by the infringer must be taken into account in the assessment if it is established that the principle would have requested a further offer in any case. 4. Since both national (German) law on damages and the UPCA are based on the Directive 2004/48/EG (Enforcement Directive), in this case should be no difference in the assessment of a claim for damages for loss of profit.

  Judge: Sabine Klepsch • Panel: Dr. Stefan Schilling, Mojca Mlakar, Max Tilmann, Sabine Klepsch🔒 Unlock Official PDF