A recent order of the Local Division in Munich concerns the imposition of fines under Article 82.4 UPCA. The Munich Division finds the fine request to be mostly successful, stating that the respondents violated the preliminary injunction orders of the local chamber issued on September 19, 2023. Consequently, fines under Article 82.4 UPCA are to be imposed. The Court did not consider an oral hearing necessary.
In this case, the court ruled on a request for fines against the respondents for violating preliminary injunction orders issued by the Local Division on September 19, 2023.
The court found the fine request largely successful, emphasizing the immediate enforceability of the orders without the need for additional enforcement measures. It rejected the argument that prior notice of actual enforcement was required. The respondents were found to have repeatedly violated the orders, including offering patent-infringing procedures on their website. The court concluded by imposing a fine of 100.000,00 EUR, considering factors such as the nature and duration of the violations, the respondents' past behavior, and the potential harm to the applicants. The decision highlighted the dual purpose of fines: ensuring compliance and serving as a penalty for violating court orders.
The court awards costs based on the applicants' successful claims. The court does not find the applicants responsible for a portion of the costs due to the fundamental success of their claims, despite their formal request for higher fines.
The court allows both parties to appeal the decision, considering it one of the first orders regarding fine imposition for violating a court order.
In conclusion, fines are imposed for the respondents' violations, costs are awarded to the applicant, and both parties are granted the right to appeal the decision.
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