UPC CoA, 26 April 2024: Excusable error concerning applicable appeal time period
05-05-2024 Print this page
Infringement proceedings and Provisional measures proceedings are two different proceedings (Article 32.1(a) and (c) UPCA).
The fact that the basis for both proceedings is the same – the same infringement – does not lead to a different conclusion.
The “Information about appeal” in the decision should have distinguished between the separate proceedings, such that in the infringement proceedings (ACT_545571/2023) the time period of two months applied and in the provisional measure proceedings (ACT_551054/2023) the applicable time period was 15 days.
Principle of the protection of legitimate expectations: excusable error about applicable appeal time period because of non-obvious incorrect information provided by Court of First Instance, but outcome inf future cases may be different now that the Court of Appeal has clarified the wording used in Rule 220.1(c) RoP..
