Netgear v Huawei (CoA, 11 January 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 11 January 2024 (UPC_CoA_486/2023, App_595643/2023), the standing judge of the Court of Appeal granted Netgear’s application for discretionary review and gave it leave to appeal the order of the judge-rapporteur of the Munich Local Division of 11 December 2023, which had himself declared inadmissible the request for review by the panel. The order states the principle that an order of the judge-rapporteur can only be challenged after review by the panel.

Question

In Huawei’s infringement action (EP 3 611 989), Netgear had lodged a preliminary objection (Rule 19 RoP). On 30 October 2023 the judge-rapporteur indicated that it would be dealt with in the main proceedings, and later rejected as inadmissible the request for review of that indication, holding that no appeal lay either. Could Netgear obtain leave to appeal through discretionary review under Rule 220.3?

Decision

As a rule, a procedural order of the judge-rapporteur can only be challenged after review by the panel under Rule 333.1, and discretionary review is available only where leave to appeal against a panel order has been refused (paragraphs 5 and 6). Here, the judge-rapporteur having ruled himself on the admissibility of the review request, there was no panel order to challenge. That would only be justified if his view of his own competence were correct (paragraphs 7 and 8). Leave to appeal the order of 11 December 2023 was therefore granted, not extending to the indication of 30 October 2023, on which the panel would first have to rule (paragraphs 9 to 11). The case was referred to the President of the Court of Appeal for assignment to a panel.

Key points for practice

• Against an order of the judge-rapporteur, the normal route is review by the panel (Rule 333.1 RoP) before any appeal.
• Where the judge-rapporteur himself blocks access to the panel, the Court of Appeal may open the appeal through discretionary review.

Provisions applied

Rules of Procedure

Rules 19, 20, 21.1, 220.2, 220.3, 220.4, 333.1 and 333.4

Case law cited

None.

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.