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ARTICLE · 16 JUNE 2026

LD Hamburg, June 8, 2026, Procedural Order, UPC_CFI_360/2026

Bardehle Pagenberg
Bardehle Pagenberg
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Bardehle Pagenberg

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Claimants need only plead sufficient facts for jurisdiction; citing the correct legal provision is not required (R. 13.1(i) RoP).

GermanyIntellectual Property

1. Key takeaways

Claimants need only plead sufficient facts for jurisdiction; citing the correct legal provision is not required (R. 13.1(i) RoP).

The Court held that R. 13.1(i) RoP requires the claimant to provide the relevant facts enabling the Court to assess jurisdiction. It is the Court’s duty to identify and apply the correct law (iura novit curia). The claimant was therefore not barred from invoking Art. 7(2) Brussels Ibis Regulation for the first time in its reply to the preliminary objection.

Defendants domiciled in a UPCA Member State can anchor jurisdiction for the entire UPC territory under Art. 8(1) Brussels Ibis Regulation.

As the UPC is a court with territory encompassing all Contracting Member States, defendants sued under their universal jurisdiction (Art. 4 Brussels Ibis Regulation) can function as anchors for the entire UPC territory vis-à-vis a defendant registered in a third country. No examination of the plausibility of infringing

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