UPC CoA , 26 May 2026 : Partial suspensive effect granted - time limit for compliance with order for production of evidence extended.
27-07-2026 Print this page
Application for suspensive effect partially granted - time limit for compliance with order for production of evidence extended until 15 July 2026.(Article 74 UPCA, Article 59 UPCA , Rule 223 RoP, Rule 190 RoP ,Rule 9 RoP).
Absent a grant of suspensive effect, the appeal would risk being rendered largely ineffective.
A successful appeal could, in principle, lead to the exclusion of the evidence at issue from the case file, it would not be capable of remedying the further adverse consequences arising from compliance with the impugned order, in particular the sanctions likely to be imposed by the Chinese authorities.
Such consequences are, by their nature, not fully reversible and are therefore liable to cause irreparable harm.
No manifest errors - no violation of the right to be heard identified regarding the location where evidence was to be physically deposited. (Rule 190 RoP).
Pursuant to Rule 190(4)(a) RoP, an order to produce evidence must specify, “under which conditions, in what form and within what time period the evidence shall be produced”.
This implies that Rule 190(3) RoP encompasses the modalities for the execution of the order, including the location at which the party burdened with production is to deposit the evidence specified.
As such, these conditions must be established whenever the measure is granted, regardless of the applicant’s specific proposals, without infringing upon the principle of correspondence or, more specifically, the prohibition of ultra petita rulings.
Applicants had the opportunity to submit their arguments on this point when the judge invited them to respond.
