Malikie Innovations v Nintendo of Europe (CFI, 18 November 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 18 November 2024 (UPC_CFI_555/2024), the judge-rapporteur of the Hamburg Local Division, in Malikie Innovations’ infringement action against Nintendo based on EP 2 579 551, replaced the designation « Nintendo of Europe AG » with « Nintendo of Europe SE », which had succeeded the former by universal succession. He refused to postpone the date of service to the date of rectification: the time limit for the statement of defence runs from 17 October 2024. The order shows that a corrected misdesignation does not reopen time limits where the addressee could not have been in doubt.

Question

May the claimant rectify an incorrect designation of the defendant and, if so, should service be deemed to have taken place on the date of rectification?

Decision

Following the Court of Appeal, rectification is allowed where the defendant is not unreasonably prejudiced, which is the case where it must have been clear that the claim was directed against it. The SE, the only company of that name in Germany, had taken over the assets, premises, email addresses and VAT number of the AG (paragraph 1). The statement of claim, posted by registered letter on 7 October 2024, is deemed served on the tenth day after posting under Rule 272.6(b) RoP, namely 17 October (not 20 October as erroneously stated in the order of 5 November), nothing justified another date, and the claimant had not agreed to an extension (paragraph 2).

Key points for practice

• Practical point: check the defendant’s corporate form in public registers before filing, if an error occurs, rectification remains available, but a defendant that was clearly targeted cannot rely on it to delay the start of its time limit.

Provisions applied

Rules of Procedure

Rule 272.6(b)

Case law cited

Court of Appeal, 3 April 2024, UPC_CoA_433/2023, APL_588420/2023.

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.