UPC Court of Appeal Confirms EU Law Supremacy Over Internal Jurisdiction Rules

In a significant decision issued in case UPC_CoA_420/2025 and its joined matters, the Unified Patent Court (UPC) Court of Appeal has addressed a key conflict between the court’s internal procedural rules and overarching European Union law on the issue of international jurisdiction.

The dispute centered on Rule 19.7 of the UPC Rules of Procedure (RoP), which stipulates that if a defendant fails to file a preliminary objection to jurisdiction within one month of service, this omission is to be treated as a 'submission to the jurisdiction' of the UPC. In the case at hand, NUC Korea did not file its jurisdictional objection within this one-month period, instead raising the issue for the first time in its substantive Statement of Defence.

Despite this procedural lapse under the UPC’s own rules, the Court of Appeal determined that the requirements of Article 26(1) of the Brussels I bis Regulation must take precedence. Article 26(1) provides that a court of a Member State before which a defendant enters an appearance shall have jurisdiction, unless the appearance is solely to contest jurisdiction. The Court emphasized that this is an autonomous concept of EU law, which requires a deliberate and active step by the defendant to be considered a submission to jurisdiction.

The Court further clarified that merely logging into the UPC Case Management System to access the case file does not amount to a submission to jurisdiction. Such access is necessary for a party to become aware of the case details and cannot be equated with an active step indicating acceptance of the court’s jurisdiction.

By allowing NUC Korea’s jurisdictional challenge to proceed, the Court of Appeal affirmed that the Brussels I bis Regulation, as superior EU law, overrides the UPC’s internal procedural deadlines. This ensures that a defendant’s right to contest international jurisdiction is preserved, provided the challenge is clearly articulated in the first substantive defence.

The ruling effectively neutralizes the 'deemed submission' mechanism embedded in Rule 19.7 RoP, which would otherwise have prevented a late jurisdictional objection. The decision underscores the primacy of EU law in the UPC system and provides important guidance for parties involved in cross-border patent litigation within the European Union.

This clarification is expected to have a significant impact on future UPC proceedings, ensuring that procedural technicalities do not override fundamental rights granted under EU law. Parties before the UPC are now assured that their ability to contest jurisdiction is protected, so long as they raise the issue in their initial defence submissions.