UPC Local Division Helsinki, 20 October 2023: Withdrawal of opt-out ineffective because of pending litigation before German courts

UPC lacks competence because withdrawal of opt-out on 5 July 2023 is ineffective due to national infringement and invalidity proceedings brought before German national courts, which were pending on 1 June 2023 (Article 32 UPCA, Article 83 UPCA, Rule 5 RoP).

Irrelevant whether same parties are involved in the national actions. 

The reading used by the Court of Article 83(4) UPCA is also in line with the principle of non-retroactivity of treaties as stipulated under Article 28 VCLT.

IPPT20231020, UPC CFI, LD Helsinki, AIM Sport Vision v Supponor