Case Law
Rule 20: Decision or order on a Preliminary objection

Court of First Instance - Munich (DE) Local Division, Order dated 11/12/2023, Netgear Deutschland GmbH/Netgear Inc./Netgear International Limited vs Huawei Technologies Co. Ltd. (Case number UPC_CFI_9/2023,ORD_586381/2023)
Example of decision on the treatment of preliminary objections in the main proceedings: “Rather, according to the clear and unambiguous wording and intention of the authors of the Rules of Procedure, neither a review by the panel at the request of a party nor the legal remedy of an isolated appeal should be possible against the judge-rapporteur’s indication that the objection is to be dealt with in the main proceedings. This ensures that the judge-rapporteur is in a position to choose the most economical conduct of the proceedings. The defendant is required to submit arguments within the one-month objection period that could oppose the jurisdiction of the court or the chamber seised. The judge-rapporteur is free, after hearing the claimant, to decide on the objection immediately or to state that the objection will be dealt with as part of the decision on the merits. The second alternative offers the possibility of sparing the court’s resources, in particular those of the other members of the panel, in the case of manifestly unfounded objections or objections which, even if they are well-founded, do not render the entire proceedings obsolete, and to postpone a written argument until the time of the decision on the merits.”

Court of First Instance - Munich (DE) Local Division, Order dated 29/09/2023, Edwards Lifesciences Corporation v. Meril GmbH (Case number UPC_CFI_15/2023, ORD_576853/2023)
Example of decision considering that the preliminary objection must be dealt with in the main procedure: “In any case, however, it must be taken into account that the objection only relates to part of the allegation in the complaint and that even if the objection is upheld, the complaint should not be dismissed in its entirety, but - depending on the circumstances - referred in part to the competent local division or regional division to be (alternatively) determined by the complainant. It is therefore appropriate to deal with the objection as a whole in the main proceedings (Rule 20.2 RoP).”