Audi v Network System Technologies (CoA, 18 September 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 18 September 2024 in six joined appeals (UPC_CoA_264/2024, 266/2024, 269/2024, 272/2024, 276/2024 and 284/2024), the Court of Appeal dismissed Audi’s appeals against orders of the Munich Local Division rejecting its preliminary objection and its Rule 361 requests in three infringement actions brought by Network System Technologies (EP 1 875 683, EP 1 552 399 and EP 1 552 669). A withdrawal of opt-outs lodged by a UPC representative is valid without a written mandate being filed, and Rule 361 is reserved for clear-cut cases.

Question

Is an opt-out withdrawal lodged by a representative without a filed mandate valid, and may an action be dismissed under Rule 361 for insufficient pleading?

Decision

The Division was entitled to defer to the main proceedings the jurisdiction objection concerning damages in the United Kingdom (paragraphs 23 to 26). A representative under Article 48 UPCA need not file a written mandate unless ordered to do so under Rule 285, since Audi gave no substantiated reason to doubt the authority, the opt-outs were validly withdrawn (paragraphs 33 and 34). Rule 361 proceedings should not become a full exchange of arguments and evidence. A claimant may substantiate its case further in its reply (paragraphs 36 and 39). A detailed account of one embodiment, with a list of similar products, does not make the action manifestly lacking any foundation in law (paragraph 41).

Key points for practice

• Challenging the authority of a representative who withdraws an opt-out requires substantiated reasons (paragraph 33).
• Rule 361 is not an early test of the sufficiency of the claim, which is a matter for the main proceedings (paragraph 39).

Provisions applied

Agreement on a Unified Patent Court

Arts 48 and 69

Rules of Procedure

Rules 5.3(b), 19, 20, 29(a) and (b), 222.1, 222.2, 242.1, 285 and 361

Case law cited

No UPC decision is cited other than the impugned orders.

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.