UPC APP 27069/2025

The Court of Appeal declared inadmissible Knaus Tabbert AG's 'Gegenvorstellung' (objection to the rejection of its stay application under R. 223 RoP), holding that a mere challenge to the reasoning of the appellate order denying a suspensive effect does not constitute an admissible procedural remedy, and that new facts about third parties' financial situation that could have been raised at first instance are not admissible.

The Court of Appeal (Panel 2) declared inadmissible Knaus Tabbert AG's 'Gegenvorstellung' (objection) filed against the Court of Appeal's earlier rejection of Knaus Tabbert's application for suspensive effect (R.223 RoP). The Court held that an objection which merely challenges the Court of Appeal's legal opinion expressed in the order rejecting a suspensive effect application is inadmissible. The infringement action by Yellow Sphere Innovations GmbH and Erwin Härtwich regarding EP 3 356 109 (vehicle frame with foam resin structural part) continues.