Rule 224 – Time periods for lodging the Statement of appeal and the Statement of grounds of appeal

1. A Statement of appeal shall be lodged by the appellant:

(a) within two months of service of a decision referred to in Rule 220.1(a) and (b); or

(b) within 15 days of service of an order referred to in Rule 220.1 (c) or a decision referred to in Rule 220.2 or 221.3.

2. The Statement of grounds of appeal shall be lodged by the appellant:

(a) within four months of service of a decision referred to in Rule 220.1(a) and (b); or

(b) within 15 days of service of an order referred to in Rule 220.1(c) or a decision referred to in Rule 220.2 or 221.3.

Relation with Agreement: Article 73(1) and (2)

Case Law:

IPPT20260416, UPC CoA, Belkin v Philips
Request for extension of time period for filing Statement of appeal which has not yet started rejected (R. 9.4 RoP, R. 224.1(a) RoP). It follows from R. 9.4 RoP that the Court shall not extend the time period for the Statement of appeal. It can be left open, whether it follows that after the time period for lodging the Statement of appeal has passed, deficiencies in the notice of appeal lodged within the deadline may be remedied only by means of a formal request pursuant to R. 229.2 RoP. This is because the time limit for lodging an appeal has not yet started in the present case. Time period for lodging a Statement of appeal begins to run only when the Court of First Instance (CFI) issues a decision including the reasons 

IPPT20250815, UPC CoA, RiVOLUTION v Cilag
Application for suspensive effect unsuccessful because the reasons for the decision are not yet available (R. 223 RoP).15-days deadline for filing the grounds of an appeal only begins to run upon delivery of a reasoned decision (R. 224. 2(b) RoP),

IPPT20250815, UPC CoA, Sun Patent Trust v Vivo Mobile
Application for suspensive effect of appeal inadmissible  absent a pending appeal (R. 223.1 RoP, Art. 74 UPCA). In cases of extreme urgency the applicant may apply at any time without formality for an order for suspensive effect to the standing judge pursuant to R. 223.4 RoP. Nevertheless, for this provision to be applicable, the applicant must first have lodged a Statement of appeal (R. 224.1 RoP) and paid the appeal fee in accordance with R. 228 RoP. Lodging the Statement of grounds of appeal is not a prerequisite (R. 224.2 RoP).

IPPT20250328, UPC CoA, ILME v Phoenix
Three days extension until 7 April 225 to file Statement of response (R. 224.2 RoP, R. 9 RoP). Instead of three weeks

IPPT20240712, UPC CoA, Ballinno v Kinexon Sports
Request for extension of time period to lodge Statement of grounds of appeal rejected (R. 224.2(b) RoP). Time period for filing the Statement of grounds of appeal starts only once the reasoned decision is served. An earlier appeal filed without reasons is treated as a Statement of appeal only. Uncertainty on how to upload the Statement of appeal (either in a new appeal against the reasoned order of 28 June 2024 or as a (final) Statement of grounds of appeal in the appeal proceedings already lodged), does not justify an extension of the time period of R.224.2(b) RoP. 

IPPT20240522, UPC CoA, Volkswagen v NST

IPPT20240522, UPC CoA, Audi v NST

IPPT20240522, UPC CoA, Texas Instruments v NST

Request by the Appellants to expedite the appeal against an order in which an application for security for costs was dismissed and shorten any deadlines where possible is denied for being too unspecified and insufficiently substantiated. (Rule 9(3) RoP, Rule 224(2)(b) RoP).

IPPT20250221, UPC CoA, Hanshow v Vusion

Application for default judgment dismissed (R. 357 RoP). The application for leave to appeal against a cost decision is considered to be a Statement of appeal and a statement of grounds for appeal (R. 221 RoP, R. 224 RoP). An application for the determination of costs is a summary procedure, decided in the first instance by the judge-rapporteur (R. 156.2 RoP) and in appeal by the standing judge (R. 221.4 RoP). The application always requires leave to appeal and there is no obligation for the standing judge to hear the other party before allowing the appeal. The application for leave to appeal under R. 221 RoP must already set out the grounds on which the appeal is based. Court fees in case of a granted leave to appeal against cost decision. If a party applies for permission to appeal against a decision on costs, it pays a court fee of € 1.500. If the appeal is allowed, the fee originally paid will not apply, but a fee of € 3.000 will be charged for an appeal against a costs order

IPPT20240411, UPC CoA, Neo Wireless v Toyota
Time period for lodging appeal against procedural order’ (Rule 220(2) RoP, Rule 224(1)(a) RoP)
If an appeal is lodged against a ‘procedural order’ under Rule 220(2) RoP and leave (i) is granted in the impugned order itself, the Statement of appeal must be lodged within 15 days of service of that order containing the decision to grant leave. If the decision to grant leave to appeal (ii) is contained in a separate order on a request to that effect (which separate order must be issued within 15 days of the impugned order, cf R.220(3) RoP), the Statement of appeal has to be lodged within 15 days from the date of service of this separate order containing the decision to grant leave to appeal.

IPPT20240226, UPC CoA, AIM Sport v Supponor
Parties requested to comment on non-compliance with Rule 224.1(b) RoP, providing that a Statement of Appeal of an order has to be filed within 15 days of service of an order referred to in Rule 220.1(c) RoP. Under “Information about Appeal” the CFI has indicated that the decision could be appealed within two months of the date of notification of the decision, referring to Article 73(1) UPCA and Rule 220.1(a) and Rule 224.1(a) RoP concerning an appeal against a decision, such as a decision in an infringement action, while in one of the two actions AIM sought a preliminary injunction order pursuant to Article 62 UPCA.

IPPT20231218, UPC CoA, OPPO v Panasonic 

IPPT20231219, UPC CoA, OPPO v Panasonic

IPPT20231220, UPC CoA, OPPO v Panasonic
Requests by Appellant for shortening the time period for filing the Statement of response by Respondent in appeal rejected; disproportionate to the time the Appellant has itself taken for the Statement of appeal (Rule 9 RoP, Rule 224 RoP). Request for expedition of appeal by Appellant after having used full 15 days for Statement of appeal, which would give Respondent only 4 working days to respond, and would require the Court of Appeal to decide the case on the very same day, without the opportunity to hear the parties, (i) insufficiently takes into account the interests of the Respondent to be given sufficient time to properly prepare its Statement of response and (ii) would be contrary to the principles of proportionality, fairness and equity.