UPC_APP_35055/2024

SYSTEM AND METHOD FOR UNIVERSAL CONTROL OF ELECTRONIC DEVICES

Procedural & sub-applicationsOther ProceduralCourt of AppealGeneric application—

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Target	Legal point	Strength	Excerpt
220.2	suspensive effect — security for costs order	Binding	Orders as meant in R.220.2 RoP are not excepted from this. In case of a conflict between the UPCA and the RoP, the provisions of the UPCA prevail (R.1.1 RoP).
1.1	UPCA prevails over RoP in case of conflict	Binding	In case of a conflict between the UPCA and the RoP, the provisions of the UPCA prevail (R.1.1 RoP).
223.5	suspensive effect — exclusion for R.220.2 orders	Binding	Although R.223.5 RoP provides that there shall be no suspensive effect for an order pursuant to (amongst other) R.220.2 RoP, the Court of Appeal considers that this does not preclude that an application for suspensive effect is lodged
158.1	security for costs	Background	On 26 April ARM filed an application under R.158.1 RoP (App. 22767/2024), requesting the Court of First Instance to order ICPillar to provide adequate security for legal costs
9.3	expedition of appeal	Binding	concerning an application for suspensive effect (R.223 RoP) and a request for expedition of the appeal (R.9.3(b) RoP)

Target	Legal point	Strength	Excerpt
UPC_CoA_407/2023	suspensive effect — exceptional circumstances	Binding	see UPC_CoA_407/2023, order of 6 November 2023; UPC_CoA_177/2024, order of 2 May 2024). Other exceptional circumstances that could justify suspensive effect would be where the impugned order is manifestly wrong
UPC_CoA_177/2024	suspensive effect — exceptional circumstances	Binding	see UPC_CoA_407/2023, order of 6 November 2023; UPC_CoA_177/2024, order of 2 May 2024).
UPC_CoA_2/2024	suspensive effect — manifestly wrong order	Binding	Other exceptional circumstances that could justify suspensive effect would be where the impugned order is manifestly wrong (See UPC_CoA_2/2024, order of 18 January 2024).

Target	Legal point	Strength	Excerpt
74	suspensive effect of appeal	Binding	Article 74 UPCA generally allows the Court of Appeal to decide, at a motivated request, that an order shall be given suspensive effect. Orders as meant in R.220.2 RoP are not excepted from this.
74	suspensive effect — exceptional circumstances	Binding	The Court of Appeal therefore considers that granting suspensive effect to an order pursuant to R.220.2 RoP is possible pursuant to Art. 74(1) UPCA, notwithstanding R.223.5 RoP.

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