The FCJ confirmed that a new means of challenge based on the technical content of a document filed for the first time in the course of appeal proceedings is only to be admitted under the provisions of Section 531 paragraph 2 numbers 1 to 3 of the German Code of Civil Procedure, irrespective of whether the document’s effective date and content are undisputed. The same applies to a new means of defense.
Further, if a plaintiff pleads that a document has only been found in a search performed after a first instance ruling, the means of challenge based on such document is only to be admitted under Section 531 paragraph 2 number 3 of the German Code of Civil Procedure, if the plaintiff substantiates that the document could not have been found with an appropriate search profile in a search preceding the plaintiff’s nullity action.
Case date: 27 August 2013
Case number: X ZR 19/12
Court: Federal Court of Justice of Germany
A full summary of this case has been published on Kluwer IP Law.
_____________________________
To make sure you do not miss out on regular updates from the Kluwer Patent Blog, please subscribe here.
Kluwer IP Law
The 2022 Future Ready Lawyer survey showed that 79% of lawyers think that the importance of legal technology will increase for next year. With Kluwer IP Law you can navigate the increasingly global practice of IP law with specialized, local and cross-border information and tools from every preferred location. Are you, as an IP professional, ready for the future?
Learn how Kluwer IP Law can support you.
