UPC CoA 135/2026

Vor dem UPC: NUNA International B.V. (4 Verfahren)·Cybex GmbH (9 Verfahren)

• 2026-08-21
  AppealÖffentlich

  Zusammenfassung: The Court of Appeal rejected the appellants' request for suspensive effect of their appeal against a Local Division Hamburg provisional-measures order (UPC_CFI_1321/2026) that had found direct and indirect infringement of EP 4 242 056. It held the alleged manifest error affected only a severable part of the indirect-infringement disclosure obligation (an 'insbesondere ohne' clause), and that the respondent's valid, unconditional waiver of enforcement of that clause removed the appellants' remaining legal interest in relief. No costs decision was made, as the order is not a final decision.

  Rechtsfragen anzeigen (5)

  • suspensive effect of appeal (Art. 74(1) UPCA, R.223 RoP)
  • manifest error as ground for suspensive effect
  • severability of parts of a first-instance operative order
  • validity and effect of a waiver of enforcement
  • loss of legal interest (Rechtsschutzbeduerfnis) as a bar to relief