UPC_CFI_553/2025

Decisions and documents (1)

• 2026-05-20preliminary injunction

  Applicant:

  Occlutech GmbH

  Defendants:

  Lepu Medcial Technology (Bejing) Co., Ltd.; Lepu Medical (Europe) Cooperatief U.A.

  granted

  1. An obligation to refrain from an act also requires a permanent compliance with effective measurements to ensure that the compliance is uninterrupted and permanent, R. 354.4 RoP. 2. It is a general rule, that a defendant is obliged to control third-parties which it assigns tasks to or which it grants the possibility to execute changes on behalf of the defendant [here: update of a website]. 3. If a defendant uses the marketing platform of a third party and provides the content for it, it is the defendant’s obligation to make sure that the contents of that platform, even when automatically translated do not lead to a non-compliance with a court order. 4. A disclaimer is not sufficient – regardless of the dispute around its readability – when its content is contradicted by other information on the website or by a subsequent communication.

  Judge: Sabine Klepsch • Panel: Samuel Granata, Sabine Klepsch, Dr. Stefan Schilling🔒 Unlock Official PDF