UPC CoA 586/2024

Vor dem UPC: Suinno Mobile & AI Technologies Licensing Oy (29 Verfahren)·Microsoft Group (34 Verfahren)

• 2024-10-09
  Request for a discretionary review (RoP 220.3)Öffentlich

  Zusammenfassung: Court of Appeal (Standing Judge) dismissed Suinno Mobile & AI Technologies Licensing Oy's request for discretionary review (Rule 220.3 RoP) of the Paris Central Division's order for security for costs as inadmissible. The court held that Suinno had not first requested the Court of First Instance to grant leave to appeal, which is a prerequisite before seeking discretionary review under Rule 220.3 RoP. The fact that the CFI order failed to indicate the right to appeal under Rule 158.3 RoP did not change this: the omission could not be read as an implied grant of leave.

  Rechtsfragen anzeigen (4)

  • Admissibility of discretionary review under Rule 220.3 RoP
  • Requirement to seek leave to appeal before requesting discretionary review
  • Failure to indicate appeal right under Rule 158.3 RoP
  • Security for costs