Topics: suspensive effect of appeal
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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…
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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…
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Court of Appeal – Luxembourg (LU), May 2, 2024, Order re application for suspensive effect, UPC_CoA_177/2024
According to Article 74(1) UPCA, the appeal has no suspensive effect unless the Court of Appeal decides otherwise at the motivated request of one of the parties. : 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…
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