Valeo Electrification v Magna PT (CFI, ORD_60265/2024, 20 November 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 20 November 2024 (UPC_CFI_347/2024, ACT_37931/2024, App_59991/2024), the Düsseldorf Local Division (Judges Thomas, rapporteur, Thom and Bessaud, and technically qualified judge Sanchini) dismissed the application for rectification filed by Magna PT B.V. & Co. KG, Magna PT s.r.o. and Magna International France against the order of 31 October 2024 which, at the request of Valeo Electrification and under EP 3 320 602, enjoined certain acts concerning two embodiments in Germany and France, subject to existing supply obligations to BMW for five models. The order confirms that Rule 353 cannot be used to add matters never argued, to fill an omission, or to replace the Court’s assessment.

Question

Do the three corrections sought (adding the « 2 Series Gran Coupé » model, clarifying the vindication action pending in Paris, amending a passage on the 2019 Nomination Letter) concern a clerical mistake, calculation error or obvious slip under Rule 353?

Decision

An obvious slip is an incorrect or incomplete expression of what the Court actually intended. The declared intention must differ from the intention held when the decision was taken. The « 2 Series Gran Coupé » was first raised in the rectification application: it was never argued and could not have been reflected in the order, and the applicant’s list of five models had not been disputed. The statement on the French part of the patent in the vindication action is not wrong. The Court did not need to address other parts, irrelevant to its reasoning, and Rule 353 does not cover omissions. On the update obligation, the defendants substitute their own reading of the Nomination Letter for the Court’s assessment, which is no ground for rectification. Submissions of 17 and 18 November 2024, filed without leave, were disregarded (Rule 9.2).

Key points for practice

• Practical point: rectification cannot supplement an order with matters never argued or cure an omission, such points must be raised before the decision or by way of appeal.

Provisions applied

Rules of Procedure

Rules 9.2 and 353

Case law cited

myStromer AG v Revolt Zycling AG, Düsseldorf Local Division, 30 June 2023, on the meaning of obvious slip.

Related decisions

• Valeo Electrification v Magna PT, 31 October 2024, provisional measures order whose rectification was sought.

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.