UPC CoA, 6 June 2025: Suspensive effect rejected for appeal of order to communicate information
22-08-2025 Print this page
Suspensive effect rejected (Article 74 UPCA, R. 223 RoP) of appeal against order to communicate information (Article 67 UPCA, Article 8 Enforcement Directive).
The provisions of Art. 67 UPCA mirror those of Article 8 of the Enforcement Directive” which, is designed to ensure a high level of protection in all the Member States of the European Union, and allows precise information to be obtained on the origin of the infringing goods or services, the distribution channels and the identity of any third parties involved in the infringement (Enforcement Directive, Preamble para. 21).
It is thus only under exceptional circumstances that the enforcement of such measures may be suspended under R. 223 RoP.
Even if disclosure of the information pending the appeal would to some extent undermine the purpose of the appeal against this part of the impugned decision, it must be shown that the appeal becomes devoid of purpose without suspensive effect and that its interests in maintaining the confidentiality of the information pending the appeal outweigh the respondent’s interests in immediately obtaining the relevant information.
