- within Transport and Privacy topic(s)
1. Key takeaways
The UPC lacks international jurisdiction over non-EU/UPC defendants when alleged infringing acts occur exclusively in a third country, as there is no connection to the UPC territory.
Based on Art. 4, 7(2), and 8(1) of the Brussels I bis Regulation, the Court found it was not “appropriate” under Art. 71b(2) to extend jurisdiction, as the UK defendant’s acts were limited to the UK territory.
The UPC may join the question of jurisdiction over a non-EU defendant to the merits if claims are closely connected to those against an EU-domiciled co-defendant.
Under Art. 8(1) and 71b(2) of the Brussels I bis Regulation, the Court found it “appropriate and expedient” to hear claims together to avoid irreconcilable judgments, as they involved the same products, patent, and companies within the same group.
The decision to defer was characterized as neither allowing nor rejecting the objection, making it appealable under R. 220.2 RoP, following the Valeo v. Bosch precedent (UPC_CoA_4/2026).
A request for an oral hearing on a preliminary objection may be denied if the judge-rapporteur considers the parties’ written submissions to be sufficient for a decision.
Under R. 20.1 and R. 264 RoP, the court has discretion to decide whether to hold a hearing or rely on written submissions to ensure parties are heard.
A request for a preliminary ruling to the CJEU on jurisdiction may be denied as premature if the jurisdictional question is deferred to the merits.
The request under Art. 267 TFEU was also deemed unnecessary where the court had already found it lacked jurisdiction over another defendant, rendering a referral on that point moot.
2. Division
LD Paris
3. UPC number
UPC_CFI_2070/2025
4. Type of proceedings
Infringment Proceedings
5. Parties
Claimant: BMS Innovations, LLC
Defendants: BYD Company Ltd
BYD Auto Co., Ltd
BYD Europe B.V.
BYD France SAS
BYD Automotive GmbH
BYD Mobility GmbH
BYD (U.K.) Co., Ltd.
6. Patent(s)
EP 2 937 706
7. Jurisdictions
UPC
8. Body of legislation / Rules
Art. 31 UPCA,
Art. 267 TFEU,
R. 19 RoP, R. 20.1 RoP, R. 21.1 RoP, R. 220.1 RoP, R. 220.2 RoP, R. 264 RoP
Regulation (EU) No 1215/2012 (Brussels I bis): Art. 4, Art. 7(2), Art. 8(1), Art. 71b(2).
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