Bostik v Henkel France (CFI, 16 June 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 16 June 2026, following the interim conference of 1 June 2026 in infringement action UPC_CFI_583/2025 and counterclaim for revocation UPC_CFI_1435/2025 (EP 1 725 627), the judge-rapporteur of the Paris Local Division sets the value of the case at EUR 6 million, records Bostik’s partial withdrawal as to two Henkel products, defines the skilled person and dismisses both sides’ requests to exclude arguments and exhibits filed in the last written submissions. The order clarifies the line between permissible clarification and a late new argument.

Question

Should the arguments and exhibits filed in the reply and rejoinder be disregarded as late?

Decision

No. A party may respond to the arguments in the other side’s last submission and clarify points already raised, provided it adds no new argument (paragraphs 24 and 25). Henkel’s exhibit QE 59 supplements a witness’s earlier statements and answers Bostik’s objections on public availability of technical documents (paragraph 26). Bostik’s exhibit PC 61 comes from a different author and was filed promptly after the earlier orders, with no procedural manoeuvre. Exhibits PC 62, 63, 66 and 67 answer Henkel’s argument based on a lack of evidence, which Bostik could not anticipate when filing its claim (paragraphs 30 and 31). Exhibit PC 69, concerning a product withdrawn from the case, becomes moot (paragraph 28). Recoverable costs are capped at EUR 600,000 (paragraphs 12 and 13).

Key points for practice

• Practical point: a reply may answer an unexpected argument from the other side, in particular on insufficiency of evidence, without being excluded as late (paragraph 31).

Provisions applied

Rules of Procedure

Rules 9.2, 29(e), 32.3, 36, 104, 105.5 and 106

Case law cited

Volkswagen v Network System Technologies, Court of Appeal, 18 September 2024, NJOY v Juul Labs, Paris Central Division, 17 January 2025

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.