2025-09-16 - CoA - Bodycap v. EPO - UPC_CoA_796/2025

• In accordance with the provisions of Rule 85.2 RoP, Rule 91 RoP (interlocutory revision by the EPO) does not apply to an expedited action against a decision of the Office issued under Rule 97 RoP concerning an Application to annul a decision of the Office to reject a request for unitary effect. • In view of the three-week period within which an Application for reversal may be lodged against a decision taken by the EPO (Rule 97.1 RoP), the time frame (“as soon as practicable”) within which the Registry must forward this Application to the standing judge, and the three-week period within which the latter must decide the Application (Rule 97.4 RoP), an Application lodged under Rule 97 RoP constitutes an expedited action falling under the exception provided for in Rule 85.2 RoP. • Rule 97 RoP, as lex specialis, establishes the specific provisions applicable to an Application to annul a decision of the Office to reject a request for unitary effect.

The Court rejected the Appeal against an order by the CFI deciding not to reverse a decision by the EPO.