Case Law
Rule 198: Revocation of an order to preserve evidence

Court of First Instance - Munich (DE) Local Division, Order dated 19/02/2025, SWARCO FUTURIT Verkehrssignalsysteme Ges.m.b.H. v. Yunex GmbH (Case/ Registry number: ACT_16855/2024, ORD_24915/2024)
Example of a decison on request to preserve evidence: "The obligation to initiate the main proceedings arises from the corresponding application of Rule 198.1 of the Rules of Procedure. 1. According to the wording of this provision, the court shall ensure that an order to preserve evidence is revoked or otherwise ceases to have effect at the defendant’s request, without prejudice to any claim for damages, if the claimant does not initiate the main proceedings on the merits before the court within 31 calendar days or 20 working days, whichever is the longer period, from the date fixed in the court order, with due regard to the date on which the report is to be available in accordance with Rule 196.4. 2. In the circumstances of the case, this provision must be applied by analogy to cases of enforcement of a request for the preservation of evidence. In this respect, there is a regulatory loophole contrary to the plan: a. In accordance with the spirit of the law, no reimbursement of costs is made in the context of the order for the preservation of evidence. On the contrary, it is important that the main proceedings be initiated quickly. As part of this main procedure, the question of reimbursement of the costs of the evidence preservation procedure is also settled. b. Such an approach is also appropriate in the present case of the closure of the evidence preservation procedure. Indeed, it is only in the context of proceedings on the merits that the issues relating to the interpretation, validity and use of the patent that are still in dispute between the parties can be examined in depth, including with the participation of a technically qualified judge. Depending on the outcome of the main proceedings, the question of reimbursement of the costs incurred in the evidence preservation proceedings may also be settled, which is more in line with the guiding principle of the legal regulations."