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UPC CoA 227/2024
May 15, 2024·EP2044709B1
- Case details
- StatusCase ClosedActionAppealCategoryMain Appeal
- Parties
- ClaimantsReps: Boris Kreye (Bird & Bird LLP); Lars Hessmann (Bird & Bird LLP); Christoph Walke (Cohausz & Florack); Lars Grannemann (Cohausz & Florack)RespondentsReps: Thomas Lynker (TALIENS); Thomas Kurig (Becker, Kurig & Partner)
- Division
- Court of Appeal
- Language
- English
Decisions
- 2024-06-21Appeal RoP220.2
The Court of Appeal ruled on Mala Technologies Ltd.'s appeal against the Paris Central Division's order on a preliminary objection, and its associated request to stay first-instance proceedings pending appeal. The CoA held that a request to stay first-instance proceedings under R. 21.2 RoP must be 'reasoned' in the written statement; submissions first made at an interim conference cannot substitute for that written reasoning. Mala's request to stay was accordingly rejected. The order also summoned the parties to an oral hearing by videoconference.
Legal issues:Stay of first-instance proceedings pending appeal (R. 21.2 RoP)Reasoned request requirementPreliminary objection appealOral hearing by videoconference
Documents
| Document title | Date | Public |
|---|---|---|
| Acknowledgement-of-lodging | 2024-09-17 | Not public |
| Headnote-and-Keywords | 2024-09-17 | Not public |
| DecisionOutcome | 2024-09-17 | Not public |
| Final order | 2024-09-17 | Public |
| Hearing reference | 2024-07-26 | Not public |
| Hearing reference | 2024-07-26 | Not public |
| interimProcedureClosure | 2024-07-01 | Not public |
| summons | 2024-07-01 | Not public |
| Order oral hearing | 2024-07-01 | Public |
| Headnote-and-Keywords | 2024-06-21 | Not public |
| Order on stay request | 2024-06-21 | Public |
| Reference of Interim conference | 2024-06-17 | Not public |
| Reference of Interim conference | 2024-06-17 | Not public |
| Procedural order interim conference | 2024-06-06 | Public |
| Submission re Date of Interim Conference | 2024-06-04 | Not public |
| Preliminary procedural order | 2024-05-31 | Not public |
| interimConferenceDecisionAppeal | 2024-05-31 | Not public |
| Acknowledgement-of-lodging | 2024-05-29 | Not public |
| Statement of Response | 2024-05-29 | Not public |
| Notification Of Service | 2024-05-27 | Not public |
| Acknowledgement-of-lodging | 2024-05-17 | Not public |
| Acknowledgement of access to case | 2024-05-16 | Not public |
| Panel-Appointment | 2024-05-16 | Not public |
| Receipt | 2024-05-16 | Not public |
| Formal-checks_Notification-of-positive-outcome | 2024-05-16 | Not public |
| Acknowledgement-of-lodging | 2024-05-15 | Not public |
| 240515 Statement of Appeal and Statement of Grounds of Appeal (signed) | 2024-05-15 | Not public |
| Exhibit D3 UPC Order | 2024-05-15 | Not public |