UPC APP 42138/2024

Order of the Central Division Paris Seat in Microsoft v Suinno Mobile & AI Technologies (EP 2 671 173). The panel dismissed Microsoft's application to review the judge-rapporteur's earlier order that had rejected Microsoft's request to declare Suinno's action manifestly inadmissible under R. 361 RoP. The panel held that manifest inadmissibility requires the defect to be clearly evident without in-depth analysis. Microsoft's alternative request for leave to appeal and for a preliminary ruling by the CJEU on the independence requirement under Art. 48(5) UPCA was also addressed.