UPC Court of Appeal, 10 July 2025: No suspensive effect for appeal against PI

16-10-2025 Print this page
Editor:
Mzolisi Mtshaulana
IPPT20250710, UPC CoA, OTEC Präzisionsfinish v Steros

No suspensive effect for appeal against preliminary injunction (Article 74 UPCA, R. 223 RoP). 

It is not apparent from OTEC’s submissions that OTEC was prevented at the oral hearing from also making statements on infringement and validity and within the time frame granted (see R.113.1 RoP). 

Certain of OTEC’s statements at the oral hearing that have not been taken into account in the impugned order, may have been implicitly considered and found to be inadequate for challenging Steros' submissions. 

Nor does the impugned order manifestly lack reasoning which would justify the granting of suspensive effect. 

 

IPPT20250710, UPC CoA, OTEC Präzisionsfinish v Steros