UPC CoA 935/2025
Dec 22, 2025·EP1993350 +1 more: BROWN MUSHROOMS FOR COMMERCIAL PRODUCTION
- Case details
- StatusWritten PhaseActionAppealCategoryMain Appeal
- Parties
- ClaimantsReps: H.w.j. Lambers (Vossius & Brinkhof UPC Litigators)
- Division
- Court of Appeal
- Technology
- Agriculture
- Language
- English
- First decided
- Jan 16, 2026
- Last decision
- Mar 24, 2026
- 2026-03-24Application Rop 223
Court of Appeal dismissed the application for suspensive effect of an appeal against a default judgment of The Hague Local Division. The Court held that an application for suspensive effect must set out all reasons, facts, evidence and arguments at once; a second application is inadmissible unless new submissions could not reasonably have been made earlier.
Legal issues:Admissibility of suspensive effect application (R. 223 RoP)Default judgmentFront-loading principleService of statement of claim - 2026-01-16DismissedApplication Rop 223
Court of Appeal dismissed the anonymised applicant's application for suspensive effect of its appeal against a default decision from The Hague Local Division (which had granted provisional measures and subsequently a default judgment in favour of Amycel). The CoA held that the applicant failed to demonstrate exceptional circumstances, that the impugned decision was manifestly erroneous, or that the appeal would become devoid of purpose without suspensive effect.
Legal issues:Suspensive effect of appeal (Art.74(1) UPCA, R.223 RoP)Exceptional circumstances test for suspensive effectManifest error standard for suspensive effectDefault decision at first instance
| Document title | Date | Public |
|---|---|---|
| Order | 2026-06-01 | Public |
| Order | 2026-06-01 | Public |
| action.issueOrder.order | 2026-05-29 | Not public |
| Order | 2026-05-29 | Not public |
| Order | 2026-05-29 | Not public |
| Order | 2026-05-22 | Public |
| action.issueOrder.order | 2026-05-22 | Not public |
| Order | 2026-05-22 | Not public |
| Receipt | 2026-05-20 | Not public |
| Cover sheet | 2026-05-20 | Not public |
| Document Respondent | 2026-05-20 | Not public |
| Formal Deficiency found | 2026-05-20 | Not public |
| Receipt | 2026-05-19 | Not public |
| Cover sheet | 2026-05-19 | Not public |
| Statement of Response | 2026-05-19 | Not public |
| Receipt | 2026-05-18 | Not public |
| Cover sheet | 2026-05-18 | Not public |
| Application Respondent | 2026-05-18 | Not public |
| action.communication.general | 2026-04-03 | Not public |
| action.issueOrder.order | 2026-03-24 | Not public |
| Order | 2026-03-24 | Public |
| Order | 2026-03-24 | Not public |
| Receipt | 2026-03-04 | Not public |
| Cover sheet | 2026-03-04 | Not public |
| Other document Appellant | 2026-03-04 | Not public |
| Receipt | 2026-03-02 | Not public |
| Cover sheet | 2026-03-02 | Not public |
| Submission Respondent | 2026-03-02 | Not public |
| action.communication.general | 2026-02-25 | Not public |
| action.issueOrder.order | 2026-02-24 | Not public |
| Order | 2026-02-24 | Not public |
| Order | 2026-02-24 | Public |
| Receipt | 2026-02-20 | Not public |
| Cover sheet | 2026-02-20 | Not public |
| Statement of the Grounds of Appeal | 2026-02-20 | Not public |
| action.issueOrder.order | 2026-01-16 | Not public |
| Order | 2026-01-16 | Public |
| Order | 2026-01-16 | Not public |
| action.publishOrderDecision.case | 2026-01-15 | Not public |
| Receipt | 2026-01-13 | Not public |
| Cover sheet | 2026-01-13 | Not public |
| Other document Appellant | 2026-01-13 | Not public |
| Statement of claim | 2026-01-13 | Not public |
| Formal Deficiency found | 2025-12-30 | Not public |
| Receipt | 2025-12-22 | Not public |
| Cover sheet | 2025-12-22 | Not public |
| Fee | 2025-12-22 | Not public |
| Statement of Appeal | 2025-12-22 | Not public |