Valeo Electrification v Magna PT (CFI, ORD_60264/2024, 20 November 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 20 November 2024 (UPC_CFI_368/2024, App_59992/2024), the Düsseldorf Local Division dismissed the application for rectification filed by Magna PT B.V. & Co. KG, Magna PT s.r.o. and Magna International France against the provisional measures order of 31 October 2024 in favour of Valeo Electrification (EP 3 320 604 B1). The order draws narrow limits around Rule 353 RoP: it corrects what the Court expressed wrongly, not what a party would have liked it to say or what it left out.

Question

Could the defendants obtain, by way of rectification, the addition of a BMW model to the carve-out for their existing commitments, clarification of the scope of the entitlement action pending in Paris and an amendment to a passage on a 2019 nomination letter?

Decision

An obvious slip covers any incorrect or incomplete statement of what the Court actually intended (part I). The « 2 Series Gran Coupé » had not been raised before the rectification application, and the list of five models had been undisputed, so there was no slip (II.1). Rule 353 RoP covers mistakes and slips, not omissions: the passage on the French part of the patent was not wrong, and the Division did not need to address the German part (II.2). On the nomination letter, the defendants were substituting their own reading for the Court’s assessment, which is no ground for rectification (II.3). Submissions filed on 17 and 18 November 2024 outside any time limit set by the Court were disregarded (Rule 9.2 RoP, part III).

Key points for practice

• Practical point: rectification cannot be used to introduce a new fact or fill an omission, a challenge on the merits belongs in an appeal.

Provisions applied

Rules of Procedure

Rules 9.2 and 353

Case law cited

myStromer v Revolt Zycling, Düsseldorf Local Division, 30 June 2023

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.