Topics: suspensive effect
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Court of Appeal, Standing Judge, December 29, 2025, order regarding an application for suspensive effect, UPC-COA-0000936/2025
No “manifestly” erroneous decision if point of contention is a complex issue requiring in-depth-analysis: The Appellant argues that the impunged order of the LD Mannheim is based on the evidently incorrect assumption that a decision by the UK Court on a request for a court determined license by the Appellant would be equal to an…
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Court of Appeal, December 17, 2025, procedural order re. application of suspensive effect, UPC_CoA_926/2025, UPC_CoA_927/2025
Exception to the rule of no suspensive effect for appeals against first-instance orders granting access to files: Grounds for ordering suspensive effect under Art. 74(1) UPCA may exist where the Court of First Instance has granted an application for access to pleadings and evidence pursuant to Rule 262.1(b) RoP, and it is likely that this…
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Court of Appeal, December 2, 2025, procedural order re. application for suspensive effect, UPC_CoA_894/2025
An exception to the principle that an appeal has no suspensive effect may apply, for instance, if the order against which the appeal is directed contitutes obvious errors, or if the enforcement of the appealed order or decision would make the appeal devoid of purpose. The fact that a (new) standalone revocation action is pending…
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CoA, order of August 15, 2025, order on suspensive effect, UPC_CoA_740/2025
Application for suspensive effect is inadmissable if no appeal is filed: It is not possible to apply for suspensive effect before an appeal is lodged. This follows from Art. 74 (1) UPCA stating that an appeal has no suspensive effect unless decided otherwise by the CoA. In cases of extreme urgency the applicant may apply…
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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…
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Court of Appeal, June 6, 2025, procedural order, UPC_CoA_434/2025
Requirements for suspensive effect of an appeal: An appeal shall only be granted suspensive effect if the circumstances of the case justify an exception. This may be the case for orders of communication of information according to Art. 67 UPCA. However, the risk of irreparable harm, if the suspensive effect is not granted, has to…
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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…
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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…
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Luxembourg Court of Appeal, 18 January 2024, Order of Court of Appeal, UPC_CoA_4/2024
Orders given pursuant to Rules 360, 361 and 362 RoP: Under Rule 363.2 of the Rules of Procedure, orders given pursuant to Rules 360, 361 and 362 of the Rules of Procedure are final decisions within the meaning of Rule 220.1(a) of the Rules of Procedure. An order pursuant to Rule 360 of the Rules…
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