Key takeaways
Time period for filing a statement of appeal under R.220.2 RoP
If an appeal is lodged under R.220.2 RoP and leave is granted in the impugned order itself, the statement of appeal must be lodged within 15 days of service of that order containing the decision to grant leave (R.224.1(b) RoP).
If the decision to grant leave to appeal is contained in a separate order on a request to that effect (which separate order must be issued within 15 days of the impugned order, cf R.220.3 RoP), the statement of appeal has to be lodged within 15 days from the date of service of this separate order containing the decision to grant leave to appeal.
Appealable decisions – difference between R.220.1 and R.220.2 RoP
R.220.1 RoP deals with appeals against decisions (under paragraphs (a) and (b)) and certain specifically named orders (under (c)). Such appeals are always admissible without leave to appeal.
R.220.2 deals with appeals against other orders than those referred to in R.220.1 RoP and R.97.5 RoP. Such orders are commonly referred to as ‘procedural orders’. Such appeals are admissible,
(i) either together with the decision, i.e. the final decision in the proceedings in which the order is given. This is possible without leave to appeal (cf R.220.1 RoP). The time period for lodging such an appeal is provided for in R.224.1(a) RoP;
(ii) or with the leave of the Court of First Instance. R.220.2 RoP provides that in case of an appeal of an order with leave, this must be done within 15 days of service of the Court’s decision to that effect.
Division
Court of Appeal, Luxembourg
UPC number
UPC_CoA_79/2024
Type of proceedings
Appeal proceedings
Parties
Appellant: Neo Wireless GmbH & Co KG, Ratingen, Germany
Respondent: Toyota Motor Europe NV/SA, Evere, Belgium
Patent(s)
European patent no° EP 3 876 490
Body of legislation / Rules
Rules 220.1, 220.2, 224.1, 229, 355.1 RoP