Nutricia v Nestlé Health Science (Deutschland) (CFI, 14 December 2023)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 14 December 2023 (UPC_CFI_201/2023, App_594633/2023), the judge-rapporteur of the Düsseldorf Local Division, on an application by N.V. Nutricia under Rule 9 RoP, clarified that the time limit for the claimant’s Defence to the counterclaim for revocation and any application to amend EP 2 359 858 expires on 20 December 2023. The order, made in the infringement action against Nestlé Health Science (Deutschland) GmbH, matters to any claimant facing a counterclaim: time runs from service of the Statement of defence, with no extension derived from Rule 270.6(b) RoP.

Question

From when does the two-month period under Rule 29 RoP run for responding to a counterclaim for revocation contained in the Statement of defence, and does Rule 270.6(b) RoP apply to it?

Decision

The Statement of defence containing the counterclaim having been served on 20 October 2023, the two-month period under Rule 29 RoP expires on 20 December 2023. Rule 270.6(b) RoP concerns only the Statement of claim. It does not apply to the counterclaim for revocation, which must be included in the Statement of defence (Rule 25.1 RoP).

Key points for practice

• Practical point: a claimant in an infringement action should compute the deadline for its Defence to the counterclaim and any application to amend from service of the Statement of defence alone, where in doubt, a request for clarification under Rule 9 RoP is available.

Provisions applied

Rules of Procedure

Rules 9, 25.1, 29, 30 and 270.6(b)

Related decisions

• Nutricia v Nestlé Health Science (Deutschland), 19 December 2023, order deciding to hear both the infringement action and the counterclaim for revocation.

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.