Honeywell Control Systems v Sovex Systems (CFI, 12 February 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 12 February 2026 (UPC_CFI_575/2025), the Mannheim Local Division, on an application for panel review under Rule 333, upheld the rejection of the preliminary objections raised by Sovex Systems B.V. and six other defendants against Honeywell Control Systems Ltd.’s infringement action on EP 2 563 695, and granted leave to appeal. The order confirms that jurisdiction under Article 71b(2) of the Brussels I recast Regulation may be found even where the claimant did not rely on it.

Question

Does the UPC have jurisdiction over a defendant based in Bosnia and Herzegovina, and is the Mannheim Local Division competent with regard to Dutch defendants?

Decision

International jurisdiction over Hemtech rests on Art. 31 UPCA together with Art. 71b(1) and (2) and Art. 7(2) of the Regulation. The Court examines its jurisdiction of its own motion (Art. 28 of the Regulation) and is not bound by the claimant’s failure to cite Art. 71b(2) (paragraph 10). Rule 20.1 does not require a further hearing (paragraph 11). The infringement allegations suffice under Art. 32(1)(a), actual participation being a matter for the merits (paragraphs 12 and 13), and no reference to the CJEU is warranted (paragraph 14). Under Art. 33(1), points (a) and (b) are not ranked, no connecting factor is needed for each defendant, and a cursory look suffices (paragraphs 15 and 16). Leave to appeal was granted under Rule 220.2 (paragraph 17).

Key points for practice

• Practical point: jurisdiction is assessed on the facts pleaded, omitting a legal basis from the statement of claim is not fatal, provided the other side has had the opportunity to address it.

Provisions applied

Agreement on a Unified Patent Court

Art. 31, Art. 32(1)(a) and Art. 33(1)(a) and (b)

Regulation (EU) No 1215/2012

Art. 7(2), Art. 28 and Art. 71b(1) and (2)

Rules of Procedure

Rules 19, 20.1, 220.2, 220.3 and 333.1

Case law cited

Aylo v Dish, Court of Appeal, 3 September 2024, Belkin v Philips, Court of Appeal, 3 October 2025, Fives v REEL, Court of Appeal, 16 January 2025, XSYS v Esko, Court of Appeal, 2 June 2025, expert v Viosys, Court of Appeal, 20 August 2025, Roku v Dolby and Sun, Court of Appeal, 6 October 2025, Barco v Yealink, Court of Appeal, 28 November 2025, Court of Appeal, order of 21 March 2024, UPC_CoA_486/2023, ECJ, 28 October 2004, C-148/03, Nürnberger Allgemeine Versicherungs

Related decisions

• Honeywell Control Systems v Sovex Systems, 22 October 2025, order of the judge-rapporteur rejecting the preliminary objections, upheld.

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.