UPC_APP_8339/2025

TREATMENT OF PAROXYSMAL NOCTURNAL HEMOGLOBINURIA PATIENTS BY AN INHIBITOR OF COMPLEMENT

Procedural & sub-applicationsOther ProceduralCourt of AppealGeneric application—

This case cites

Authorities cited within the decisions on file for this case.

Target	Legal point	Strength	Excerpt
245	application for rehearing	Binding	Rehearing (Art. 81(1) UPCA; R. 245 RoP); fundamental procedural defect
247	grounds for rehearing — fundamental procedural defect	Binding	deciding on a request for a rehearing based on a fundamental procedural defect pursuant to Art. 81(1)(b) UPCA jo. R. 247(c) RoP
248	requirement to have objected to defect during proceedings	Binding	if known, already objected to during the proceedings leading to the decision or on appeal (R. 248 RoP)

Target	Legal point	Strength	Excerpt
81	rehearing based on fundamental procedural defect	Binding	Art. 81(1) UPCA offers the possibility to request a rehearing after a final decision when, in short, it is based on an act which has been held to constitute a criminal offence, or in the event of a fundamental procedural defect.
76	evaluation of evidence — free assessment by court	Binding	The Court shall evaluate the evidence presented by the parties freely and independently (Art. 76(3) UPCA).

Target	Legal point	Strength	Excerpt
Kamino International Logistics, C-129/13 and C-130/13, EU:C:2014:2041	procedural defect must causally affect outcome to be fundamental	Binding	a defect may only be considered fundamental if it can be established that without the defect the same decision would not have been taken (see judgment of 3 July 2014 in Kamino International Logistics, C-129/13 and C130/13, EU:C:2014:2041, paragraph 79)

Target	Legal point	Strength	Excerpt
UPC_CoA_405/2024	order under review — dismissal of provisional measures appeal	Background	Order of the Court of Appeal of the Unified Patent Court, 20 December 2024, ORD_60221/2024, APL_40553/2024, UPC_CoA_405/2024

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