UPC CoA, 29 October 2024: Manifest error of law that managing directors are intermediairies of they only function as representatives of the company
01-11-2024 Print this page
Manifest error of law that managing directors of a company are intermediaries within the meaning of Art. 63(1) UPCA solely on the basis of their function as managing directors.
A managing director of a patent infringing company represents that company. This company cannot therefore be a ‘third party’ within the meaning of Art. 63 UPCA and Art. 11 of the Directive 2004/48.
Suspensive effect of the appeal regarding the enforcement against de defendant’s managing directors (Article 74 UPCA, R. 223.1 RoP).
Suspensive effect may be considered in particular if the order against which the appeal is directed is manifestly erroneous or if the enforcement of the contested decision would render the appeal largely redundant. A manifest violation of law exists if the factual findings and legal considerations prove to be unsustainable in the summary examination to be carried out or in case of violation of fundamental procedural rights such as the right to a fair hearing.
A request for suspensive effect must by itself, enable the Court of Appeal to decide, if necessary without further information (R. 223.1 RoP).
References to written submissions and documents in the first-instance case file are admissible, provided that these are identified in a sufficiently specific manner.
Making a decisions or order subject to providing security (R. 352 RoP) requires that the security is ordered at the time of decision or order.
