Magna International France v Valeo Electrification (CoA, 14 November 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 14 November 2024 (UPC_CoA_691/2024, App_61002/2024), the standing judge of the Court of Appeal suspended the effect of the provisional measures order made on 31 October 2024 by the Düsseldorf Local Division in favour of Valeo Electrification against Magna (EP 3 320 602), until the first instance rules on Magna’s request for correction, and only insofar as the exception to the injunction did not cover the BMW 2 Series Gran Coupé. The order shows that a targeted suspension may be obtained while a request for correction is pending, where the other side has already moved to enforce.

Question

Should the effect of a provisional injunction be suspended pending the first instance’s decision on a request to correct an alleged omission from the list of exempted models?

Decision

The injunction only prevented the equipping of further models, several existing BMW models being exempted. Magna argued that the omission of the 2 Series Gran Coupé was an obvious slip to be corrected under Rule 353 and had filed a request to that effect on 6 November 2024. Valeo had served bank guarantees for enforcement on 13 November 2024. The standing judge held that Magna’s interest in preserving the status quo until the decision on correction exceptionally outweighed Valeo’s interest in immediate enforcement, and confined the suspension to the model concerned.

Key points for practice

• Suspension under Rule 223.4 may be granted for a narrowly defined period and scope, here for the time needed to examine a request for correction.

Provisions applied

Rules of Procedure

Rules 223.4 and 353

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.