UPC CoA, 19 August 2024: Manifest error that Ireland as a signatory is a Contracting Member State

Manifestly erroneous that Ireland is a Contracting Member State of the UPC (Article 84.2 UPCA) and  thus cannot be considered to be covered by Abbott’s request for a preliminary injunction. The Court of First Instance therefore awarded more than was requested for, which is contrary to Art. 76 UPCA. 

Suspensive effect granted insofar as the impugned order extends to the territory of Ireland. 

Application for suspensive effect admissible (Rule 223 RoP, Article 74 UPCA). Not a requirement that a request for suspensive effect is lodged in a separate workflow in the Court’s case management system.

IPPT20240819, UPC CoA, Sibio v Abbott