February 2020 - international litigation blog
archive,date,ajax_fade,page_not_loaded,,select-child-theme-ver-1.0.0,select-theme-ver-3.4,wpb-js-composer js-comp-ver-4.12.1,vc_responsive

February 2020

Munich Court of Appeals Issues Anti-Anti-Suit Injunction in FRAND Case

As a supplement to the blogpost published a couple of weeks ago on the judgment of the Paris Court of First Instance (Tribunal de Grande Instance) of 8 November 2019 which issued an anti-anti-suit injunction against Lenovo ordering that company to withdraw a request for an anti-suit injunction pending before a US Court, Mr Peter Bert (a reader of this blog) shared with me an article that he wrote concerning a similar case recently put before German courts.

My colleagues Steve Ross and Rebecca Halbach discussed this German case in the latest edition of Van Bael & Bellis’ Competition Law Newsletter. I have decided to reproduce their article below.


*          *

Article drafted by Steve Ross and Rebecca Halbach

On 12 December 2019, the Munich Court of Appeals (Oberlandesgericht München) (the Court) upheld the judgment of the Munich District Court (Landgericht München I) of 2 October 2019 which had granted a preliminary injunction in a case pitting Continental (Continental), an automobile supplier, against Nokia (Nokia), a telecommunications company. The Court ordered Continental to withdraw the action for anti-suit injunction which that company had brought against Nokia before the US District Court of the Northern District of California (the US Court) in a patent dispute.READ MORE


Proposal for Directive on Collective Representation Actions Enters Interinstitutional Negotiations

On 9 January 2020, the Legal Affairs Committee of the European Parliament (the EP) decided to open interinstitutional negotiations with representatives of the Council of the European Union (the Council of the EU) and of the European Commission in order to reach a compromise on the conclusion of a Directive repealing Directive 2009/22/EC as regards representative actions for the protection of the collective interests of consumers (the Directive Proposal). As discussed before (here and here), the Directive Proposal aims to facilitate redress for consumers if there are widespread infringements of their rights in more than one EU Member State.

The Directive Proposal was initially approved in first reading by the EP in March 2019. On 28 November 2019, the Council also agreed on a general approach as regards to the Directive Proposal.

Following the decision of the Legal Affairs Committee of the EP’s, the EU institutions will now cooperate with a view to reconcile their positions in order to adopt the Directive Proposal without having to enter into a second reading process.