Key takeaways
Application for suspensive effect can only be granted if the circumstances of the case justify an exception
to the principle that the appeal has no suspensive effect
✓
- Exceptional circumstances may justify a request for suspensive effect. Examination whether, on the basis of the relevant circumstances of the case, the appellant’s interest in maintaining the status quo until the decision on its appeal exceptionally outweighs the respondent’s interest; e.g. if the appealed order or decision is manifestly erroneous, or if the appeal becomes devoid of purpose in the absence of suspensive effect.
- Manifest errors: i.e. factual findings or legal considerations that are clearly untenable even on the basis of a summary assessment.
Division
Court of Appeal
UPC number
UPC_CoA_581/2025, App_30685/2025, ORD_32771/2025
Type of proceedings
Application RoP 223
Parties
Applicant (Appellant and Defendant in the main proceedings): OTEC Präzisionsfinish GmbH
Respondent (Respondent and Applicant in the main proceedings): Steros GPA Innovative S.L.
Patent(s)
EP 4 249 647
Body of legislation / Rules
R. 223 RoP, Art. 74 UPCA, R. 113.1 RoP
