IMI Hydronic Engineering Deutschland v Belparts Group (CFI, 3 November 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 31 October 2025, given in revocation action UPC_CFI_104/2025 and counterclaim for infringement UPC_CFI_364/2025, the Paris Central Division declined, despite the agreement of all parties, to apply Rule 340.1 to join that counterclaim with the infringement action pending before the Munich Local Division on the same patent, Belparts Group’s EP 3 812 870. The order shows that the parties’ agreement is not enough to join proceedings pending before two divisions.

Question

Should the counterclaim for infringement pending in Paris be heard together with the infringement action pending in Munich, with, on a conditional basis, the referral to Paris of the counterclaim for revocation filed in Munich?

Decision

Rule 340.1 gives the panels concerned a discretion, exercised by agreement, where joinder serves the proper administration of justice and avoids irreconcilable decisions (paragraph 14). Even combined with the second request, the first did not fully serve those aims: the parties’ procedural choices would still lead to several hearings and several decisions on the same patent between partly the same parties, without infringement and validity being heard and decided together (paragraph 15). The first request was rejected. Since the condition for the second was not met, and the matter lay within the Munich Local Division’s discretion, no ruling was made on it (paragraph 16). The proceedings continue as scheduled (paragraph 17).

Key points for practice

• Joinder under Rule 340.1 requires an arrangement that actually allows infringement and validity to be heard together. The parties’ agreement does not bind the panels.

Provisions applied

Agreement on a Unified Patent Court

Art. 33

Rules of Procedure

Rules 302.3 and 340

Related decisions

• IMI Hydronic Engineering Deutschland v Belparts Group, 23 September 2025, earlier order inviting the parties to address Rule 340.1 and Art. 33 UPCA.

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.