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UPC CoA 935/2025

Dec 22, 2025·EP1993350 +1 more: BROWN MUSHROOMS FOR COMMERCIAL PRODUCTION

Case details
Status
Written Phase
Action
Appeal
Category
Main Appeal
Parties
Claimants
Reps: H.w.j. Lambers (Vossius & Brinkhof UPC Litigators)
Respondents
Reps: Michał Przyłuski (JD&P Patent Attorneys Joanna Dargiewicz & Partners)
Division
Court of Appeal
Technology
Agriculture
Language
English
First decided
Jan 16, 2026
Last decision
Mar 24, 2026
Decisions
  • 2026-03-24
    Application 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
  • 2026-01-16
    DismissedApplication 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
Documents
Document titleDatePublic
Order2026-06-01Public
Order2026-06-01Public
action.issueOrder.order2026-05-29Not public
Order2026-05-29Not public
Order2026-05-29Not public
Order2026-05-22Public
action.issueOrder.order2026-05-22Not public
Order2026-05-22Not public
Receipt2026-05-20Not public
Cover sheet2026-05-20Not public
Document Respondent2026-05-20Not public
Formal Deficiency found2026-05-20Not public
Receipt2026-05-19Not public
Cover sheet2026-05-19Not public
Statement of Response2026-05-19Not public
Receipt2026-05-18Not public
Cover sheet2026-05-18Not public
Application Respondent2026-05-18Not public
action.communication.general2026-04-03Not public
action.issueOrder.order2026-03-24Not public
Order2026-03-24Public
Order2026-03-24Not public
Receipt2026-03-04Not public
Cover sheet2026-03-04Not public
Other document Appellant2026-03-04Not public
Receipt2026-03-02Not public
Cover sheet2026-03-02Not public
Submission Respondent2026-03-02Not public
action.communication.general2026-02-25Not public
action.issueOrder.order2026-02-24Not public
Order2026-02-24Not public
Order2026-02-24Public
Receipt2026-02-20Not public
Cover sheet2026-02-20Not public
Statement of the Grounds of Appeal2026-02-20Not public
action.issueOrder.order2026-01-16Not public
Order2026-01-16Public
Order2026-01-16Not public
action.publishOrderDecision.case2026-01-15Not public
Receipt2026-01-13Not public
Cover sheet2026-01-13Not public
Other document Appellant2026-01-13Not public
Statement of claim2026-01-13Not public
Formal Deficiency found2025-12-30Not public
Receipt2025-12-22Not public
Cover sheet2025-12-22Not public
Fee2025-12-22Not public
Statement of Appeal2025-12-22Not public