Casalonga UPC rules of procedure
Powered by Casalonga

 Case Law
Article 82: Enforcement of decisions and orders

Court of First Instance - Munich (DE) Local Division, Order dated 18/12/2024, Koninklijke Philips N.V. (Case/ Registry number: App_60589/2024, ORD_60616/2024)
Example of decision on penalty payment: "If a party fails to comply with an order of the court, it may subject to a penalty payment to be paid to the court (Art. 82 para. 4 UPCA). According to Art. 82 para. 4 sentence 2 UPCA, the penalty payment must be proportionate to the importance of the order to be enforced. The nature and duration of the offence in particular must therefore be taken into account when determining an appropriate ratio of the penalty payment to the object of the order to be enforced."

Court of First Instance - Munich (DE) Local Division, Order dated 05/12/2023, 10xGenomics Inc./President and Fellows of Harvard College vs. NanoString Technologies Inc. et al. (Case number UPC_CFI_2/2023, ORD_ 577241/2023)
Example of decision explaining and illustrating the proportionate aspect of the penalty ordered after a violation of a Court order