Home » UPC decisions » Luxembourg Court of Appeal » Court of Appeal – Luxembourg (LU), May 2, 2024, Order re application for suspensive effect, UPC_CoA_177/2024

Court of Appeal – Luxembourg (LU), May 2, 2024, Order re application for suspensive effect, UPC_CoA_177/2024

2 min Reading time

Key takeaways

The Court of Appeal can grant the application only if the circumstances of the case justify an exception to the principle that the appeal has no suspensive effect. Accordingly, if an application for the grant of suspensive effect is filed (which should be filed separately by the Appelant) the Court must examine whether, on the basis of these circumstances, the Appellant’s interest in maintaining the status quo until the decision on its appeal exceptionally outweighs the Respondent’s interest. Thus, an exception to the principle that an appeal has no suspensive effect may apply, for instance, if the enforcement of the appealed order or decision would make the appeal devoid of purpose.

In the present case, the Court of Appeal considered such an exception to be given. The underlying decision of the Court of First Instance related to an order which required the Appelant to return all evidence gathered through the execution of a provisional measure to preserve evidence. The Court of Appeal found that if the order for the return of the evidence was immediately effective (as would be the case wihout supensive effect), the actual appeal against the order of the Court of First Instance would be largely ineffective.

Division

Court of Appeal – Luxembourg (LU)

UPC number

UPC_CoA_177/2024

Type of proceedings

application for suspensive effect

Parties

APPLICANT (APPELLANT): PROGRESS MASCHINEN & AUTOMATION AG

DEFENDANT (RESPONDENT): AWM Srl, SCHNELL S.p.A.

Body of legislation / Rules

Art. 74(1) UPCA


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