Home » UPC decisions » Luxembourg Court of Appeal » CoA, October 13, 2026, order on application for leave to appeal, UPC-CoA-88/2026 and UPC-CoA-89/2026

CoA, October 13, 2026, order on application for leave to appeal, UPC-CoA-88/2026 and UPC-CoA-89/2026

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Key takeaways

No leave to appeal re. application for re-establishement of rights

Headnote: An application for leave to appeal pursuant to R. 157 RoP in conjunction with R. 221 RoP is inadmissible insofar as it concerns a rejection of the application for re-establishment of rights. According to R. 320.7 RoP, there shall be no right to appeal from an order rejecting an application for re-establishment of rights or from an order granting re-establishment of rights. It follows that a corresponding application for leave to appeal according to R. 157 RoP in conjunction with R. 221 RoP is inadmissible.

Division

Court of Appeal, Standing judge

UPC number

UPC_CoA-88/2026, UPC_CoA-89/2026

Type of proceedings

Application for leave to appeal in the context of an application for re-establishement of rights

Parties

Rematec GmbH & Co KG (Applicant); Europe Forestry B.V. (Respondent)

Patent(s)

EP 2 548 648

Jurisdictions

Place jurisdictions

Body of legislation / Rules

Rules 157, 221, 320.7 RoP


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