2024-08-19 - CoA - Sibio Technology v. Abbott - UPC_CoA_388/2024
- Aktenzeichen:
- UPC_CoA_388/2024
- Datum:
- Spruchkörper:
- Court of Appeal - Luxembourg (LU)
- Art:
- Order
- Parteien:
- Sibio Technology Limited, Umedwings Netherlands B.V. v. Abbott Diabetes Care Inc.
Kernaussage: - It cannot be inferred from R.
2024-08-19 - CoA - Sibio Technology
v.
Abbott - UPC_CoA_388/2024
- It cannot be inferred from R.223 RoP that it is a requirement that a request for suspensive effect is lodged in a separate workflow for such a request to be admissible. It is advisable to do so if an order is required urgently. Alternatively, such a request can be included in the Statement of appeal and grounds of appeal. In that case, unless explicitly requested otherwise, such request shall follow the regular procedural regime and the Court of Appeal shall consider the request after it has received the respondent’s comments as shall be included in its Statement of response.
- Only countries that have not only signed but also ratified the UPCA are Contracting Member States
In this case on a request for suspensive effect of the appeal against an order on provisional measures, the court ordered that the appeal should have suspensive effect, but only as far as the application for provisional measures extends to Ireland
Stichwörter
Contracting Member State, request for suspensive effect