2026-03-24 - CoA - Anonymisiert (vertr. Michal PRZYLUSKI) v. Amycel - UPC-COA-0000935/2025
- Aktenzeichen:
- UPC-COA-0000935/2025
- Datum:
- Spruchkörper:
- Court of Appeal - Luxembourg (LU)
- Art:
- Order
- Parteien:
- Applicant *** v. Amycel, LLC
Kernaussage: The principle that parties shall set out their full case as early as possible in the proceedings (RoP, Preamble, paragraph 7, last sentence) also applies to applications for suspensive effect.
2026-03-24 - CoA - Anonymisiert (vertr. Michal PRZYLUSKI)
v.
Amycel - UPC-COA-0000935/2025
The principle that parties shall set out their full case as early as possible in the proceedings (RoP, Preamble, paragraph 7, last sentence) also applies to applications for suspensive effect. This means that an application for suspensive effect must set out all the reasons, facts, evidence and arguments on which the applicant wishes to rely. Any subsequent application for suspensive effect will be inadmissible, unless the applicant can demonstrate that the new application is based on submissions that could not reasonably have been made in the previous application.
notable
Second application for suspensive effect declared inadmissible. The CoA established that the 'full case' principle from the RoP Preamble (paragraph 7, last sentence) — requiring parties to set out their full case as early as possible — also applies to applications for suspensive effect. A first application must therefore contain all reasons, facts, evidence, and arguments the applicant wishes to rely on. Any subsequent application is inadmissible unless the applicant demonstrates it is based on submissions that could not reasonably have been made in the first application. Here, the second application was based on submissions identical or very similar to the first, with no showing that the new arguments could not have been raised earlier.
Stichwörter
Application for suspensive effect; R. 223 RoP