Key takeaways
The list of preliminary objections under Rule 19.1 RoP is exhaustive and cannot be extended to other defences such as lack of standing to sue or res judicata
The court confirmed, in line with the Court of Appeal’s decisions in Aylo v. DISH/SLING (UPC_CoA_188/2024) and Roku/Sun (UPC_CoA_288/2025), that Rule 19.1 RoP only permits objections on UPC jurisdiction, divisional competence, and language. Any preliminary objection founded on grounds not listed therein is inadmissible.
The defendant invoked the claimant’s lack of standing (Art. 47(6) UPCA) and the res judicata effect of a German national decision to challenge the court’s jurisdiction. However, the court held that lack of standing to sue and res judicata do not affect the material or territorial jurisdiction and are substantive defences to be dealt with on the merits of the nullity action.
Anticipatory orders under Rules 361 and 362 RoP require the inadmissibility to be “manifest”
The court found that the claimant’s standing required assessment of facts, law, and evidence regarding its economic interest arising from its links ith its wholly-owned indirect subsidiary so that lack of standing is not manifest within the meaning of R. 361 RoP. The same applies to the res judicata argument given the dispute re. the identity of the parties and the subject-matter which precludes the straightforward application of R. 362 RoP.
Procedural efficiency favours a single hearing over separate preliminary hearings on admissibility and merits (Preamble RoP, point 7)
The court rejected the defendant’s request for a dedicated hearing on standing and res judicata prior to the merits hearing. A relevant Court of Appeal hearing on res judicata was scheduled for September 2026, and organizing a separate hearing before that ruling would not serve good administration of justice. A single hearing best serves procedural economy.
Division
Central Division Munich
UPC number
UPC_CFI_2296/2025
Type of proceedings
Preliminary objection
Parties
Claimant: REEL International
Defendant: Fives ECL
Patent(s)
EP 1 740 740
Body of legislation / Rules
R. 19.1 RoP, R. 361 RoP, R. 362 RoP, Art. 32 UPCA, Art. 47(6) UPCA
