HMD Global Oy Files Constitutional Complaint in VoiceAgeEVS Case

On March 12, 2026, HMD filed a constitutional complaint (Verfassungsbeschwerde) with the Federal Constitutional Court of Germany in connection with the ongoing VoiceAgeEVS litigation. The constitutional complaint follows the German Federal Court of Justice’s (the “FCJ”) judgment of January 27, 2026 dismissing HMD’s appeal. HMD notes with concern that, despite a formal amicus curiae intervention by the European Commission urging the FCJ to refer key questions regarding the interpretation of EU law on standard-essential patent („SEP”) holders’ obligations to grant licenses on fair, reasonable and non-discriminatory (“FRAND”) terms, the FCJ declined to make such a referral to the European Court of Justice (“ECJ”). HMD considers that the FCJ’s refusal to refer these essential questions to the ECJ constitutes a violation of its constitutional right to the lawful judge, as it denies judicial clarification by the court competent to interpret EU law.

Through its complaint, HMD seeks clarification of questions of EU law that have broad implications for fair licensing practices, legal certainty, and the functioning of Europe’s technology markets. This step reflects HMD’s continued commitment to constructive, good faith FRAND licensing and to promoting a predictable and harmonized legal framework for innovators and industry participants across the Single Market.