UPC_CFI_258/2025

The Central Division Paris rejected Seoul Viosys Co., Ltd.'s preliminary objection requesting dismissal of Emporia UK and Ireland Ltd.'s revocation action as inadmissible under Art. 33(4) UPCA. Seoul Viosys argued that Emporia was a 'straw company' acting as a nominee for ex-pert klein GmbH (the defendant in parallel infringement proceedings before the Court of Appeal), and therefore constituted the 'same party'. The Court held that the 'straw company' theory has a legal basis in EU law and may be relevant under Art. 33(4) UPCA, but that mere coordination of litigation strategies between a distributor and its supplier does not constitute proof that one acts as a nominee for the other.