Valeo Electrification v Magna PT (CFI, 25 September 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By a procedural order of 25 September 2024 (UPC_CFI_347/2024, ACT_37931/2024, ORD_53404/2024), the judge-rapporteur of the Düsseldorf Local Division set out, ahead of the oral hearing of 8 October 2024, the evidence regime for the application for provisional measures brought by Valeo Electrification against Magna PT B.V. & Co. KG, Magna PT s.r.o. and Magna International France SARL on the basis of EP 3 320 602 B1. The parties are told in advance that the proceedings will be conducted on written evidence, without witnesses.

Question

To what extent do the rules on evidence (Part 2 of the Rules of Procedure) apply in proceedings for provisional measures?

Decision

Under the second sentence of Rule 210.2, Part 2 applies only to the extent determined by the court (paragraph 1). Evidence should generally be submitted in writing (Rule 170.1(a) and (b)), with particular weight given to affidavits (Rule 170.2(h)), physical objects and electronic or audio and video files may also be produced (paragraph 2). The court does not summon witnesses in provisional measures proceedings and provides no simultaneous interpretation for that purpose (paragraph 3). Parties may bring their own interpreters and, to use the courtroom equipment, must notify the sub-registry at least one week before the hearing (paragraph 4). The order contains no further reasoning.

Key points for practice

• Practical point: before the Düsseldorf Local Division, evidence in provisional measures proceedings is prepared in writing, chiefly through affidavits, since no witness hearing will be held.

Provisions applied

Rules of Procedure

Rules 9, 170 and 210.2

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.