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UPC CFI 412/2023
Nov 7, 2023·EP2796333 +1 more: Speed detection system and compliance monitoring
- Case details
- StatusCase ClosedActionRevocationCategoryMain Revocation Action
- Parties
- Division
- Paris CD
- Technology
- Automotive · ADAS · Automotive
- Language
- English
Decisions
- 2025-03-31Generic Order
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.
Legal issues:Rectification of decisions under Rule 353 RoPCosts of set-aside proceedings vs costs of main default proceedingsScope of obvious slip correction - 2025-01-09Generic application
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.
Legal issues:Setting aside default decision (R. 356 RoP)Force majeure / unforeseeable circumstancesExplanation of default requirement
Documents
| Document title | Date | Public |
|---|---|---|
| Case Closure Formal Check | 2025-09-18 | Not public |
| Decision by default | 2025-09-18 | Not public |
| Headnote-and-Keywords | 2025-04-02 | Not public |
| rule 353 | 2025-04-02 | Public |
| preliminary order | 2025-02-24 | Not public |
| preliminary order | 2025-02-24 | Not public |
| preliminary order | 2025-02-24 | Not public |
| Receipt | 2025-01-24 | Not public |
| Receipt | 2025-01-24 | Not public |
| Request for rectification | 2025-01-24 | Not public |
| Request for rectification | 2025-01-24 | Not public |
| Final order anonymised 09.01.2025 | 2025-01-13 | Not public |
| Headnote-and-Keywords | 2025-01-09 | Not public |
| Outcome of the Order | 2025-01-09 | Not public |
| rule 356 | 2025-01-09 | Public |
| rule 356 | 2025-01-09 | Not public |
| Rejoinder to applicant reply dated 25 November 2024 | 2024-12-05 | Not public |
| Replying comments of Defendant | 2024-11-25 | Not public |
| Comments on the applicant´s application | 2024-11-14 | Not public |
| Exhibit BP01 | 2024-11-14 | Not public |
| Exhibit BP01 | 2024-11-14 | Not public |
| rule 356 | 2024-10-25 | Not public |
| Acknowledgement-of-lodging | 2024-10-15 | Not public |
| Seventh Auxiliary Request (clean) | 2024-10-15 | Not public |
| Second Auxiliary Request (clean) | 2024-10-15 | Not public |
| Fifth Auxiliary Request (tracked) | 2024-10-15 | Not public |
| Seventh Auxiliary Request (tracked) | 2024-10-15 | Not public |
| Second Auxiliary Request (tracked) | 2024-10-15 | Not public |
| Fourth Auxiliary Request (clean) | 2024-10-15 | Not public |
| First Auxiliary Request (tracked) | 2024-10-15 | Not public |
| Third Auxiliary Request (clean) | 2024-10-15 | Not public |
| Sixth Auxiliary Request (tracked) | 2024-10-15 | Not public |
| Fifth Auxiliary Request (clean) | 2024-10-15 | Not public |
| Eight Auxiliary Request (clean) | 2024-10-15 | Not public |
| Fourth Auxiliary Request (tracked) | 2024-10-15 | Not public |
| Sixth Auxiliary Request (clean) | 2024-10-15 | Not public |
| Ninth Auxiliary Request (clean) | 2024-10-15 | Not public |
| First Auxiliary Request (clean) | 2024-10-15 | Not public |
| Ninth Auxiliary Request (tracked) | 2024-10-15 | Not public |
| Defence | 2024-10-15 | Not public |
| Tenth Auxiliary Request (tracked) | 2024-10-15 | Not public |
| Tenth Auxiliary Request (clean) | 2024-10-15 | Not public |
| Third Auxiliary Request (tracked) | 2024-10-15 | Not public |
| Eight Auxiliary Request (tracked) | 2024-10-15 | Not public |
| Receipt | 2024-10-15 | Not public |
| Eight Auxiliary Request (tracked) | 2024-10-14 | Not public |
| Affidavit of Jude Braden | 2024-10-14 | Not public |
| First Auxilliary Request (tracked) | 2024-10-14 | Not public |
| Correspondence bundle | 2024-10-14 | Not public |
| Sixth Auxiliary Request (clean) | 2024-10-14 | Not public |
| Tenth Auxiliary Request (tracked) | 2024-10-14 | Not public |
| Eight Auxiliary Request (clean) | 2024-10-14 | Not public |
| Fourth Auxiliary Request (clean)) | 2024-10-14 | Not public |
| Ninth Auxiliary Request (tracked) | 2024-10-14 | Not public |
| Second Auxiliary Request (clean) | 2024-10-14 | Not public |
| Seventh Auxiliary Request (tracked) | 2024-10-14 | Not public |
| First Auxiliary Request (clean) | 2024-10-14 | Not public |
| Fourth Auxiliary Request (tracked) | 2024-10-14 | Not public |
| proof of payment re penalty fee | 2024-10-14 | Not public |
| Tenth Auxiliary Request (clean) | 2024-10-14 | Not public |
| Third Auxiliary Request (tracked) | 2024-10-14 | Not public |
| Fifth Auxiliary Request (clean) | 2024-10-14 | Not public |
| Conditional application to amend – Third Auxiliary Request (clean) | 2024-10-14 | Not public |
| Second Auxiliary Request (tracked) | 2024-10-14 | Not public |
| Ninth Auxiliary Request (clean) | 2024-10-14 | Not public |
| Fifth Auxiliary Request (tracked) | 2024-10-14 | Not public |
| Defence | 2024-10-14 | Not public |
| Application under Rule 356 | 2024-10-14 | Not public |
| Seventh Auxiliary Request (clean) | 2024-10-14 | Not public |
| Sixth Auxiliary Request (tracked) | 2024-10-14 | Not public |
| Outcome of the Order | 2024-09-16 | Not public |
| decision | 2024-09-16 | Public |
| Outcome of the Order | 2024-02-09 | Not public |
| request for time extension | 2024-02-09 | Not public |
| request for time extension | 2024-02-09 | Not public |
| request for time extension | 2024-02-09 | Public |
| Receipt | 2024-02-05 | Not public |
| Request for rendering a decision by default | 2024-02-02 | Not public |
| Exhibit C1 - BMW | 2024-02-02 | Not public |
| Response to request for time extension | 2024-02-02 | Not public |
| preliminary order | 2024-01-29 | Not public |
| preliminary order | 2024-01-29 | Not public |
| Template-Order | 2024-01-29 | Not public |
| Receipt | 2024-01-26 | Not public |
| Correspondence with claimant representatives | 2024-01-25 | Not public |
| Application to extend time for delivery of Defence | 2024-01-25 | Not public |
| Acknowledgement of access to case | 2024-01-25 | Not public |
| Notification Of Service | 2023-12-04 | Not public |
| AR | 2023-12-04 | Not public |
| Letter for Service | 2023-11-15 | Not public |
| epoUploadDocumentsWorkflow | 2023-11-14 | Not public |
| Document from EPO | 2023-11-14 | Not public |
| Panel-Appointment | 2023-11-14 | Not public |
| EPO-Request-for-case-pending | 2023-11-08 | Not public |
| Acknowledgement-of-lodging | 2023-11-08 | Not public |
| Formal-checks_Notification-of-positive-outcome | 2023-11-08 | Not public |
| D7 | 2023-11-06 | Not public |
| D6 | 2023-11-06 | Not public |
| D15 | 2023-11-06 | Not public |
| D9 | 2023-11-06 | Not public |
| D1-hT | 2023-11-06 | Not public |
| Statement of claim | 2023-11-06 | Not public |
| D12 | 2023-11-06 | Not public |
| D1-fE | 2023-11-06 | Not public |
| D1-i | 2023-11-06 | Not public |
| D1-jE | 2023-11-06 | Not public |
| D5 | 2023-11-06 | Not public |
| D13 | 2023-11-06 | Not public |
| D1-h | 2023-11-06 | Not public |
| D1.n | 2023-11-06 | Not public |
| D1-p | 2023-11-06 | Not public |
| D14 | 2023-11-06 | Not public |
| D10 | 2023-11-06 | Not public |
| D1-aT | 2023-11-06 | Not public |
| D1-g | 2023-11-06 | Not public |
| Spanish machine translation of statement of claim | 2023-11-06 | Not public |
| List of Annexes | 2023-11-06 | Not public |
| D1-iT | 2023-11-06 | Not public |
| D16T | 2023-11-06 | Not public |
| D2 | 2023-11-06 | Not public |
| D1-l | 2023-11-06 | Not public |
| D1-d | 2023-11-06 | Not public |
| D3 | 2023-11-06 | Not public |
| D1-a | 2023-11-06 | Not public |
| D1-f | 2023-11-06 | Not public |
| D1-gE | 2023-11-06 | Not public |
| Bank transfer confirmation | 2023-11-06 | Not public |
| D16 | 2023-11-06 | Not public |
| D8 | 2023-11-06 | Not public |
| D1-b | 2023-11-06 | Not public |
| D11 | 2023-11-06 | Not public |
| D1-e | 2023-11-06 | Not public |
| D1-o | 2023-11-06 | Not public |
| D1-j | 2023-11-06 | Not public |
| D1-k | 2023-11-06 | Not public |
| D1-m | 2023-11-06 | Not public |
| D12T | 2023-11-06 | Not public |
| D4 | 2023-11-06 | Not public |
| D1-c | 2023-11-06 | Not public |