Home » UPC decisions » Luxembourg Court of Appeal » CoA, April 11, 2024, request for a decision by default, UPC_CoA_79/2024

CoA, April 11, 2024, request for a decision by default, UPC_CoA_79/2024

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Key takeaways

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.

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


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  • Manuel Grimm

    German and European Patent Attorney, UPC Representative

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