UPC CFI 412/2023

Paris Central Division rejected BMW's application to rectify an order of 9 January 2025 to add a costs provision relating to an application to set aside a default judgment. The court held that the failure to address costs in the operative part could not be corrected under Rule 353 RoP (rectification of obvious slips) because costs for the set-aside application are not a separate decision on the merits but ancillary to the main default proceedings, and any costs claim must be pursued in the separate costs determination procedure.

The Paris Central Division (Seat) ruled on an application by ITCiCo Spain S.L. to set aside a default decision (R. 356 RoP) issued on 16 September 2024 against it in the revocation action of Bayerische Motoren Werke AG concerning EP 2 796 333. The court interpreted R. 356(2) RoP to require that the applicant demonstrate inability to comply due to reasons beyond its control (unforeseeable circumstances or force majeure). The application was considered on its merits.