REEL International v Fives ECL (CFI, 24 March 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 24 March 2026 (UPC_CFI_2296/2025), the judge-rapporteur of the Munich Central Division rejects the preliminary objection of Fives ECL, proprietor of EP 1 740 740, which argued lack of standing and res judicata based on German decisions against REEL International’s revocation action. These defences fall outside Rule 19.1 RoP and will be dealt with on the merits, without early determination.

Question

Can lack of standing and res judicata be raised by preliminary objection or, failing that, decided early under Rules 361 and 362 RoP?

Decision

The list in Rule 19.1 RoP is exhaustive and does not extend to other defences (paragraph 16). Lack of standing and res judicata affect neither subject-matter nor territorial jurisdiction: the objection is rejected as inadmissible or, at least, unfounded (paragraphs 17 and 18). Lack of standing is not manifest under Rule 361 RoP, since it calls for findings of fact and evidence, and res judicata cannot be applied summarily under Rule 362 RoP, as identity of parties and cause is disputed (paragraphs 21 to 23). No early hearing is held, a Court of Appeal ruling on the scope of res judicata being expected before the main hearing (paragraphs 24 and 25). Costs are reserved (paragraph 27).

Key points for practice

• Practical point: a preliminary objection is confined to the jurisdiction, opt-out and language issues listed in Rule 19.1 RoP, standing and res judicata belong in the Statement of defence.

Provisions applied

Agreement on a Unified Patent Court

Arts 32 and 47(6)

Rules of Procedure

Rules 19.1, 20.2, 220.2, 361, 362 and 363

Case law cited

Aylo v DISH, Court of Appeal, 3 September 2024, Network System Technologies v Audi, Court of Appeal, 18 September 2024, Roku, Court of Appeal, 6 October 2025

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.