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ARTICLE · 26 FEBRUARY 2025

LD Munich, February 14, 2025, Order On Preliminary Objection, UPC_CFI_437/2024

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The Court's jurisdiction and competence, as referred to in R. 19.1 RoP, is not linked to whether a person bringing an action is ultimately entitled...

GermanyLitigation, Mediation & Arbitration
Kerstin Galler
Kerstin Galler
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1. Key takeaways

A preliminary objection based on questions regarding the claimant's standing to bring an action is inadmissible or at least unfounded.

The Court's jurisdiction and competence, as referred to in R. 19.1 RoP, is not linked to whether a person bringing an action is ultimately entitled to bring the action or whether it is fully entitled to assert specific claims. Art. 32 UPCA setting out the competence of the Court does not mention the persons who may bring an action.

The list of grounds for a preliminary objection set out in R. 19.1 RoP is exhaustive.

2. Division

Munich Local Division

3. UPC number

UPC_CFI_437/2024, ACT_43382/2024

4. Parties

Claimant: GXD-Bio Corporation

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