Magna International France, SARL, Magna PT B.V. & Co. KG, Magna PT s.r.o. v. Valeo Electrification, Order of the Court of Appeal of the UPC, 14 November 2024, concerning an application for suspensive effect (R.223.4 RoP), Case no. UPC_CoA_691/2024
The Court of Appeal suspended a CFI order because of a not yet decided R. 353 RoP request from the defendants due to an alleged “obvious slip”.
The CFI in weighing the interest of the parties decided that the PI does not apply to several existing BMW models equipped with the accused embodiments (see here).
Magna states that as the impugned order intended to list all models currently equipped with the accused embodiments for which delivery obligations existed on 8 October 2024, the not mentioning of the BMW 2 Series Gran Coupé constitutes an “obvious slip” that needs to be rectified according to R. 353 RoP. Until and unless the obvious slip is rectified by the CFI (a request for correction is pending), the impugned order as it stands according to Magna is manifestly wrong. Since Valeo has indicated its intention to execute this order, Magna states it has an urgent interest that the order be suspended.
Standing Judge Rian Kalden suspends the order until the Court of First instance has decided on the request for correction:
“Under the circumstances stated by Magna, the Standing judge of the Court of Appeal considers that Magna’s interest in maintaining the status quo until the decision on the request for correction is rendered exceptionally outweighs Valeo’s interest in immediate enforcement and that it is appropriate that the impugned order is granted suspensive effect until the Court of First instance has decided on the request for correction, insofar as the exception to the injunction issued therein does not include the “BMW 2 Series Gran Coupé” model”
The order can be read here.
