LD Mannheim, April 2, 2025, Order On Preliminary Objection, UPC_CFI_819/2024

1. Key takeaways

Multiple Defendants may be sued in one action provided that the infringement has occured in the CMS hosting the Local Division, irrespective of a “commercial relationship”

1. Claimant submitted in its Statement of claim sufficient facts, which establish competence of the Local Division Mannheim for each and every defendant under Art. 33(1)(a)UPCA, which is reinforced by R. 303.1 RoP. Whether or not those allegations are true or not and if in fact all glass sheets stem from the same process and are identical or not is subject to the main proceedings (cf. UPC_CoA_188/2024 Order of 3 September 2024 para.18). Claimant was not obliged to sue the defendants to these proceedings jointly together with the defendants of ACT_66849/2024; UPC_CFI_820/2024. There is no such obligation always to sue OEMs and suppliers in one proceeding.