UPC_CFI_999/2025

Order from the Paris Central Division (Panel 3) dated 26 January 2026 reviewing (under R. 333 RoP) the judge-rapporteur's earlier order on a preliminary objection (R. 19 RoP) in a revocation action brought by ALD France S.A.S. against Nanoval GmbH & Co. KG regarding EP 3 083 107 B1. The panel upheld the judge-rapporteur's ruling that ALD France S.A.S. has a sufficient independent interest to bring the revocation action notwithstanding that ALD Vacuum Technologies GmbH (an affiliated entity) had already filed a counterclaim for revocation in parallel infringement proceedings. The panel held: (1) ALD France and ALD Vacuum are not 'the same party' under Art. 33(4) UPCA merely because they are parent/subsidiary; (2) independent business activity is the relevant criterion; (3) competition law principles on economic units do not transfer.

Paris Central Division rejected Nanoval's preliminary objection (R. 19 RoP) seeking dismissal of ALD France's revocation action. The Court held that ALD France S.A.S. and the ALD Vacuum Technologies GmbH (party in the Munich Local Division proceedings) are not the same party, so the revocation action before the Central Division is not inadmissible on grounds of party identity.