Hurom v NUC Electronics Europe (CFI, ORD_68865/2024, 11 March 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By procedural order of 11 March 2025 (UPC_CFI_159/2024), the Mannheim Local Division (Tochtermann, presiding, Böttcher, rapporteur, and Perrotti) severed, in Hurom’s infringement action against NUC Electronics Europe and WARMCOOK on EP 2 028 981, the claims based on the national parts of the patent for Poland, Spain, Turkey and the United Kingdom, which will be dealt with in separate proceedings. The order shows how the UPC handled the CJEU’s BSH Hausgeräte judgment, delivered after the hearing had closed.

Question

Must the panel hold back its decision on the parts of the patent in Contracting Member States where a CJEU judgment bearing on jurisdiction over third States is delivered after the oral hearing?

Decision

Judgment C-339/22 of 25 February 2025 came after the hearing. Relying on it without hearing the parties would infringe their right to be heard, but a full second hearing would be disproportionate. Nothing requires the decision on the national parts ripe for judgment to be deferred, which would delay their enforcement although the Agreement does not aim at weaker protection than national courts would afford. Art. 33(2) UPCA concentrates proceedings before one division without requiring them to be joined. The panel must weigh the delay to enforcement. The parties, warned by order of 23 January 2025, had not objected. Severance is ordered applying Rules 302.1, 303.2 and 340.2.

Key points for practice

• Practical point: a claimant asserting national parts outside the UPC should expect them to be severed where the jurisdictional point is not ripe, with no delay for the Contracting Member States.

Provisions applied

Agreement on a Unified Patent Court

Art. 33(2)

Rules of Procedure

Rules 302.1, 303.2 and 340.2

Regulation (EU) No 1215/2012

Arts. 71a and 71b(1)

Case law cited

No UPC decision is cited.

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.