Key takeaways
The Court of Appeal can grant suspensive effect to an order pursuant to R. 220.2 RoP as Art. 74 UPCA prevails over R. 223.5 RoP.
The Court confirmed its established case law that in case of a conflict between the UPCA and Rules of Procedure , the UPCA prevails (R. 1.1 RoP), allowing it to grant suspensive effect to an order pursuant to R. 220.2 RoP despite R. 223.5 RoP stating otherwise.
Suspensive effect is only granted in “exceptional circumstances,” such as where the order is manifestly wrong, the appeal is devoid of purpose or would be rendered ineffective, or fundamental procedural rights were violated.
Irreversible consequences constitute exceptional circumstances. However, a security deposit is generally considered reversible as it can be reimbursed if the appellant is successful, meaning this condition is often not met.
A manifestly wrong order is one based on clearly untenable factual or legal grounds. A violation of the right to be heard is an example of a fundamental rights infringement.
An appellant must substantiate claims of financial inability; merely referencing SME status is insufficient to prove inability to provide security for costs under R. 158 RoP.
The appellant failed to provide specific evidence that it could not comply with the security order or would suffer extreme detriment. The Court noted the consequences were reversible as a deposit can be reimbursed.
No decision on costs in an order on an application for suspensive effect, as it is not a final decision concluding the action.
The order concerning an application for suspensive effect is not a final decision or a decision concluding an action, and therefore does not contain a decision on costs.
Division
Court of Appeal, Luxembourg
UPC number
UPC_CoA_48/2026
Type of proceedings
Application RoP 223
Parties
Applicant/Appellant (Claimant): La Siddhi Consultancy Limited
Respondents (Defendants): Athena Pharmaceutiques SAS and Substipharm
Patent(s)
EP 3 592 333
Jurisdictions
UPC
Body of legislation / Rules
Art. 69(4) UPCA
Art. 74 UPCA
R. 1.1 RoP
R. 158 RoP
R. 223.5 RoP
Art. 47 Charter of Fundamental Rights of the European Union
