Magna International France v Valeo Electrification (CoA, 11 December 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 11 December 2024 (UPC_CoA_719/2024), the Court of Appeal partly suspended the preliminary injunction granted on 31 October 2024 by the Düsseldorf Local Division against the Magna companies in favour of Valeo Electrification (EP 3 320 602). The Division had exempted Magna’s supply obligations for five BMW models from the injunction, without including the BMW 2 Series Gran Coupé, and then refused to rectify that omission. The Court held that this refusal was obviously wrong and suspended the injunction for that model until it decides the appeal. The order shows that suspensive effect may be confined to part of the operative provisions.

Question

Should the preliminary injunction be suspended pending appeal insofar as it covers a car model left out of the list of exemptions granted on proportionality grounds?

Decision

The evidence on file referred to six car models already on the market or about to be introduced which were fitted with the attacked embodiment, citing the internal code F74 of the 2 Series Gran Coupé (paragraphs 12 to 16). No valid reason was given or apparent for excluding that model from the proportionality exemption (paragraph 17). The Division could and should have deduced from the record that the model belonged on the list, or asked Magna at the hearing. It was obviously wrong not to correct the order (paragraphs 18 and 19). The order therefore remains suspended insofar as it covers that model (paragraph 20), extending the interim suspension granted by the standing judge until the appeal is decided.

Key points for practice

• A refusal to rectify an omission that was apparent from the record can justify partial suspensive effect on appeal.
• A party seeking a proportionality exemption should list the products and models concerned precisely.

Provisions applied

Rules of Procedure

Rules 223.4 and 353

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.