UPC Court of Appeal: Interpretation of the term „offering“

The term “offering” within the meaning of Art. 25(a) UPCA is to be interpreted autonomously. Offering is to be understood in an economic sense, not based on legal understanding of a binding contractual offer. Therefore, the offer does not need to contain all the details that would be necessary for the immediate conclusion of a contract by mere acceptance of the offer. The presentation of a product in such a way that observers can submit an offer for its transfer, e.g., for completion of a purchase, rental, or lease agreement, suffices. Thus, even the "invitatio ad offerendum" is comprised in the term „offering“. Therefore, the indication of a price is not required. Readiness or ability to ship is not relevant in terms of establishing an offer (UPC 3 October 2025; CoA 534/2024, CoA 19/2025, CoA 683/2024).