2026-06-10 - CoA - Speed Care Mineral v. Teleflex Life Sciences Ii - UPC-COA-0000085/2026
- Aktenzeichen:
- UPC-COA-0000085/2026
- Datum:
- Spruchkörper:
- Court of Appeal - Luxembourg (LU)
- Art:
- Order
- Parteien:
- Speed Care Mineral GmbH v. Teleflex Life Sciences II LLC
Kernaussage: ENGLISH:
2026-06-10 - CoA - Speed Care Mineral
v.
Teleflex Life Sciences Ii - UPC-COA-0000085/2026
ENGLISH:
"1. The determination of the value in dispute is a procedural decision to which R 220.2 and R. 220.3 RoP apply, also in case such determination is part of the operative part of a final decision.
2. The absence of a reaction by the Court of First Instance within the 15-day time limit of R. 220.3 RoP following a timely request for leave to appeal within said period, should effectively be regarded as a refusal of leave to appeal, allowing the applicant to file a request for discretionary review within 15 days from the end of said (first) 15-day period."
notable
The Court of Appeal (standing judge van den Broek) held a request for discretionary review under R. 220.3 RoP admissible but dismissed it on the merits. It clarified two points of appellate procedure: first, a determination of the value in dispute is a procedural decision governed by R. 220.2/220.3 RoP even when contained in the operative part of a final decision, because the substantive nature of an order, not its form or placement, determines the applicable appellate regime; second, where the Court of First Instance fails to react to a timely request for leave to appeal within the 15-day R. 220.3 period, that inaction is treated as a deemed refusal of leave, allowing the applicant to file a discretionary review within 15 days from the end of that first period, so that the CFI cannot frustrate appellate access by remaining passive (Art. 47 Charter). On the merits, the LD's setting of the counterclaim-for-revocation value equal to the infringement-action value (EUR 1 million) was not manifestly incorrect, since the Administrative Committee Guidelines are a discretionary tool and impose no mandatory 150% uplift.