1. Key takeaways
The list of preliminary objections under Rule 19.1 RoP is exhaustive and cannot be extended to other defences such as lack of standing to sue or res judicata
The court confirmed, in line with the Court of Appeal’s decisions in Aylo v. DISH/SLING (UPC_CoA_188/2024) and Roku/Sun (UPC_CoA_288/2025), that Rule 19.1 RoP only permits objections on UPC jurisdiction, divisional competence, and language. Any preliminary objection founded on grounds not listed therein is inadmissible.
The defendant invoked the claimant’s lack of standing (Art. 47(6) UPCA) and the res judicata effect of a German national decision to challenge the court’s jurisdiction. However, the court held that lack of standing to sue and res judicata do not affect the material or territorial jurisdiction and are substantive defences to be dealt with on the merits of the nullity action.
