Topics: Art 74(1) UPCA
-
CoA UPC, August 15, 2025, order on suspensive effect, UPC_CoA_737/2025
No evident error if decision’s reasons are not yet available: Suspensive effect of an appeal may be granted if the order against which the appeal is directed is evidently erroneous. No evident error can be identified in the contested decision if the reasons for the decision are not yet available. The assumption of an evident…
2 min Reading time→ -
CoA Luxembourg, December 17, 2024, Application for suspensive effect, UPC_CoA_810/2024
Suspensive Effect of Appeal: The primary legal issue revolves around the suspensive effect of an appeal, specifically under Rule 223.4 RoP, which allows for suspensive effect in cases of extreme urgency. Requirement of Extreme Urgency: The Court emphasized that the applicant must demonstrate the existence of an extreme urgency to justify suspensive effect. In this…
3 min Reading time→ -
Contact us personally!
Tips and advice directly from our Unitary Patents professionals.
-
CoA Luxemburg, August 19, 2024, Decision concerning suspensive effect of appeal against preliminary injunction, UPC_CoA_388/2024
It is not a requirement that a request for suspensive effect is lodged in a separate workflow in theCourt’s case management system: This may be done separately, and is advisable if an order is required urgently. It cannot however be inferred from R.223 RoP that the lodging in a separate workflow is a requirement in…
3 min Reading time→
Stay in the loop
Never miss a beat by subscribing to the email newsletter. Please see our Privacy Policy.