2025-06-19 - CoA - Alexion v. Samsung - UPC_CoA_402/2024
- Aktenzeichen:
- UPC_CoA_402/2024
- Datum:
- Spruchkörper:
- Court of Appeal - Luxembourg (LU)
- Art:
- Application Order
- Parteien:
- Alexion Pharmaceuticals v. Samsung Bioepis
Kernaussage: The Court of Appeal sets out the general principles to be considered when deciding on a request for a rehearing based on a fundamental procedural defect pursuant to Art.
2025-06-19 - CoA - Alexion
v.
Samsung - UPC_CoA_402/2024
The Court of Appeal sets out the general principles to be considered when deciding on a request for a rehearing based on a fundamental procedural defect pursuant to Art. 81(1)(b) UPCA jo. R. 247(c) RoP (fundamental procedural defect; fundamental violation of Art. 76 UPCA)
The Court of Appeal rejected an application for a rehearing as not allowable, stating that the applicant had not shown that the CoA had erred in its judgement, let alone that there was a fundamental defect. The CoA went into detail regarding the respective rules (Art. 76 UPCA, Rule 247 RoP) and clarified the legal standard regarding an application to rehear a case.
The decision was published twice for parallel proceedings against different Defendants.
Stichwörter
Rehearing (Art. 81(1) UPCA, fundamental procedural defect, R. 245 RoP