Topics: application for suspensive effect
-
CoA, August 25, 2025, procedural order, UPC_CoA_758/2015 and UPC_CoA_759/2025
Application for suspensive effect (R. 223 RoP): Although R.223.5 RoP provides that there shall be no suspensive effect for an order pursuant to (amongst other) R.220.2 RoP, the Court of Appeal considers that this does not preclude that an application for suspensive effect is lodged – and if justified, granted – for such orders based…
2 min Reading time→ -
CoA, July 10, 2025, procedural order concerning an application for suspensive effect, UPC_CoA_581/2025
Application for suspensive effect can only be granted if the circumstances of the case justify an exceptionto 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…
2 min Reading time→ -
Contact us personally!
Tips and advice directly from our Unitary Patents professionals.
-
Court of Appeal, May 21, 2025, order on application for suspensive effect, UPC_CoA_365/2025
Order of suspensive effect of an appeal requires exceptional circumstances: Pursuant to Article 74(1) UPCA, an appeal does not have suspensive effect unless the Court of Appeal decides otherwise upon a reasoned request by a party. The Court of Appeal may therefore only grant such a request if the circumstances of the case justify an…
3 min Reading time→ -
Court of Appeal, October 29, 2024, order, UPC_CoA_549/2024
Order on suspensive effect of appeal if impugned decision is evidently incorrect.: The suspensive effect may be ordered in particular if the order against which the appeal is directed is evidently incorrect. Whether there is an evident violation of the law is assessed on the basis of the factual findings and legal considerations that provide…
4 min Reading time→
Stay in the loop
Never miss a beat by subscribing to the email newsletter. Please see our Privacy Policy.