UPC_CoA_409/2025

Decisions and documents (1)

• 2026-03-27procedural

  Appellant:

  Hurom Co., Ltd.; NUC Electronics CO., Ltd

  Appellants:

  NUC Electronics Europe GmbH; WARMCOOK

  Respondent:

  Hurom Co., Ltd.; NUC Electronics CO., Ltd

  (i) In UPC proceedings, which are organized by electronic procedures (Art. 44 UPCA) in which written pleadings and other documents shall be lodged in electronic form (R. 4.1 RoP), the first step to be taken by the UPC representative appointed by a Party is, using the served access code provided by the Registry to said Party, to log onto the case file in the Case Management System. (ii) This first step enables the Party and its representative to have access to the file and to be aware of the case. The mere access to the file, before any active step or defense, is however not sufficient to establish a deliberate choice regarding the jurisdiction of the UPC. Another step is required in order to constitute the entering of an appearance within the meaning of Art. 26(1) Brussels Ia Regulation. (iii) It is only when the defendant lodges its first statement, by filing a Preliminary objection pursuant to R. 19 RoP as to the issues listed in R. 19.1 and .4 RoP or, if not, the Statement of defence pursuant to R. 23 ff. RoP as to the substance of the dispute, that he will have deliberately chosen or contested the international jurisdiction of the court seized instead of the court which would normally have jurisdiction under the provisions laid down in Brussels Ia Regulation.

  • Panel: Kerstin Roselinger, Claus Elmeros, Peter Blok, Appeal Emmanuel Gougé🔒 Unlock Official PDF