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UPC CoA 360/2025

Apr 17, 2025·EP2201740 · HIGH SPEED PACKET PROCESSING IN A WIRELESS NETWORK

Case details
Status
Case Closed (Withdrawn)
Action
Appeal
Category
Main appeal
Parties
Claimants
Representatives
Respondents
Representatives
Division
Court of Appeal
Technology
  • Electrical engineering
    Digital communication
Language
German
First decided
Aug 12, 2025
Last decision
Jul 17, 2026
How this compares
How long the court takes to reach a first decision.
Median days to first decision
All UPC124
Judge Klaus GrabinskiLocked
Judge Peter BlokLocked
Judge Emmanuel GougéLocked
Judge Udo MatterLocked
Judge Klaus LoibnerLocked

At the UPC: Lionra Technologies Ltd. (6 cases)·Cisco Systems GmbH (7 cases)

Decisions
  • 2026-07-17
    AppealPublic

    Summary: The Court of Appeal accepted Lionra's withdrawal of its appeal following an out-of-court settlement between the parties. The cross-appeal by Cisco was also deemed withdrawn. The appeal and cross-appeal proceedings were declared terminated. The request by Lionra for a 20% refund of court fees was rejected, as under the R. 370.9 RoP rules in force from 1 January 2026 a fee refund (of 50%) is only available if withdrawal occurs before the end of the written proceedings.

    Show the legal issues (4)
    • Withdrawal of appeal under R. 265.1 RoP following out-of-court settlement
    • Deemed withdrawal of cross-appeal upon withdrawal of main appeal
    • Refund of court fees under R. 370.9 RoP
    • Applicability of new court fee schedule (from 1 January 2026) to pending proceedings
  • 2025-08-12

    Summary: Court of Appeal (12 August 2025) extended the deadline for Cisco to file its response to Lionra's appeal and any cross-appeal by two weeks (to 3 October 2025), finding a full month extension too long and one week too short given that Cisco had only recently obtained access to Lionra's unredacted appeal grounds (which contained confidential source code material).

    Show the legal issues (3)
    • Extension of time for appeal response (R. 9.3 RoP)
    • Confidentiality (R. 262A RoP)
    • Access to unredacted appeal grounds
Document titleDatePublic
Case closed2026-07-20Not public
Publication of decision2026-07-20Not public
Decision2026-07-17Not public
Decision2026-07-17Public
Receipt2026-07-06Not public
Cover sheet2026-07-06Not public
Application Appellant2026-07-06Not public
Receipt2026-07-06Not public
Cover sheet2026-07-06Not public
Application Appellant2026-07-06Not public
Accepted arguments
What the court agreed with — by party.
  • The new court fee refund rules under R. 370.9 RoP (in force from 1 January 2026) apply based on the date of the withdrawal request, not the date the appeal was filed; since the withdrawal was requested on 6 July 2026, the new rules apply

    RespondentLegal basis: R. 370.9 RoP (version from 1 January 2026); general principle that individuals cannot rely on legislative stability
Rejected arguments
What the court did not agree with — and why.
  • The old R. 370.9 RoP (prior to 1 January 2026) should apply to this appeal because it was already pending at that date, entitling Lionra to a 20% court fee refund upon withdrawal before oral proceedings

    ClaimantLegal basis: R. 370.9 RoP (version prior to 1 January 2026); legal certainty / legitimate expectations