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As a general rule, decisions and orders by the UPC are enforced
in accordance with the law of the Member State where the
enforcement takes place. However, if the UPC Agreement or the
UPC’s Rules of Procedure include specific provisions for
enforcement, these provisions prevail over those of national
law.
This is relevant, for example, for the enforcement of
injunctions, which is governed by Article 63 of the UPC Agreement
and Rule 354(4) RoP. Similarly to German law, non-compliance with
an injunction may be sanctioned by a penalty payment to the Court.
In contrast to German law, the UPC may also decide on penalty
payment on its own motion, and there is no penalty detention, no
upper limit for penalty payments, and no Court fees for the
enforcement proceedings.
The enforcement of monetary claims, such as claims for damages,
is not governed by the UPC Agreement or the Rules of Procedure,
which means that national law applies. An interesting question is
which Court is then competent for the enforcement — the UPC
or the national Courts? But that’s a topic for another
video.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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