Key takeaways
An application under R.36 RoP can only be made before the closure of the interim procedure, and further pleadings may only be filed after an application under R. 36 RoP has been made
For the appeal procedure, R.239.2 RoP conclusively determines when the written procedure is completed. As soon as the judge-rapporteur considers the appeal proceedings to be ready for an oral hearing, he/she shall summon the parties to an oral hearing. With the summons, the interim procedure is deemed to be concluded, and the oral proceedings begin. An application pursuant to R. 36 RoP may only be lodged before the conclusion of the interim procedure. A request filed after the closure of the interim procedure will be rejected.
With the summons, the interim procedure is deemed to be concluded
A separate notification of the parties in advance pursuant to R.35a RoP is not provided for.
Division
Luxemburg Court of Appeals
UPC number
UPC_CoA_354/2024
APL_38948/2024
Type of proceedings
appeal proceedings – procedural appeal
Parties
Appellants and Defendants in the main proceedings:
- Apple Retail Germany B.V. & Co. KG, Munich, Germany
- Apple Distribution International Ltd., Cork, Ireland
- Apple GmbH, Munich, Germany
- Apple Retail France EURL, Paris, France
- Apple Inc., Cupertino, USA
Respondent and Claimant in the main proceedings:
Ona Patents SL, Barcelona, Spain
Patent(s)
EP 2 263 098
Body of legislation / Rules
R. 36 RoP; R. 9.1 RoP; R. 35 a RoP
