Case Law
Rule 340: Connection Joinder

Court of First Instance - Mannheim (DE) Local Division, Order dated 22/02/2024, MED-EL Elektromedizinische Geräte Gesellschaft m.b.H. v. Advanced Bionics AG, Advanced Bionics GmbH and Advanced Bionics Sarl ORD-597898/2023
Example of decision concerning the respect of article 33 UPC Agreement when applying rule 340 RoP: "[The provisions of the Regulation must always be interpreted in such a way as to avoid any contradiction with higher-ranking provisions of the EPC. The same applies to point 1 of the preamble to the regulation. In the present case, rule 340 of the Rules of Procedure must therefore be interpreted as meaning that the infringement claimant’s right of option, conferred by the higher-ranking provision of Article 33(5), first sentence of the EPC, is respected. It follows that a joint hearing before the central chamber cannot be ordered under rule 340 of the Rules of Procedure, where the infringement claimant has opposed it, as in the present case}."