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ARTICLE · 08 SEPTEMBER 2025

LD Munich, August 19, 2025, Procedural Order, UPC_CFI_319/2025

Bardehle Pagenberg
Bardehle Pagenberg
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When service was completed for two defendants but not for two others, the court found it unreasonable to delay the action and ordered...

GermanyIntellectual Property

1. Key takeaways

The court may separate proceedings against multiple defendants on its own initiative to ensure procedural efficiency, especially when service is delayed on some defendants (Rule 303.2 RoP)

When service was completed for two defendants but not for two others, the court found it unreasonable to delay the action and ordered a separation to avoid stalling proceedings. The court ordered the separation before the first statement of defence was due to facilitate the proceedings and decided not to charge additional fees for the new action.

The separated action is deemed pending from the original filing date, and the statement of claim is deemed served on the original service date

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