Key takeaways
Missing the deadline for a preliminary objection does not in itself establish the UPC’s international jurisdiction
The international jurisdiction of the UPC is, pursuant to Art. 31 UPCA, governed by the Brussels I bis Regulation 1215/2012. According to Art. 26 of that Regulation, concerning prorogation of jurisdiction, the court of the Member State before which the defendant has entered an appearance shall have jurisdiction, subject to a positive act on the part of the defendant revealing a deliberate choice on its part with regard to jurisdiction. Mere access to the UPC’s case file system, prior to any active step or any defense, does not suffice to establish a deliberate choice by the defendant with respect to the jurisdiction of the UPC.
The lodging of a Preliminary Objection pursuant to R. 19 RoP or, failing that, the filing of a Statement of Defense pursuant to R. 23 RoP constitutes the positive act by which Defendant enters an appearance. Where that submission includes a challenge to the jurisdiction of the UPC, the challenge precludes the prorogation of jurisdiction under Art. 26(1) of the Brussels I bis Regulation.
Division
LD Paris
UPC number
UPC-CFI-0001913/2026, UPC_CFI_3369/2026
Type of proceedings
Infringement and Counterclaim for Revocation proceedings
Parties
Claimant: VALEO ELECTRIFICATION SAS
Defendants: SEG Automotive France SAS, SEG Automotive Germany GmbH, SEG Automotive Spain, S.A.U., SEG Automotive Italy S.r.l. et al.
Patent(s)
EP 4 128 486
Jurisdictions
UPC’s jurisdiction for assessment of infringing acts in Spain
Body of legislation / Rules
R. 19.7 RoP, Art. 26 Brussels I bis Regulation
