2026-08-04 - CoA - Academy of Military Medical Sciences v. Gilead Sciences - UPC-COA-0000121/2026
- Aktenzeichen:
- UPC-COA-0000121/2026
- Datum:
- Spruchkörper:
- Court of Appeal - Luxembourg (LU)
- Art:
- Order
- Parteien:
- Academy of Military Medical Sciences v. Gilead Sciences, Inc.
Kernaussage: The standing judge of the Court of Appeal granted leave to appeal a cost decision of the Milan Central Division and, in the same order, refused suspensive effect.
2026-08-04 - CoA - Academy of Military Medical Sciences
v.
Gilead Sciences - UPC-COA-0000121/2026
notable
The standing judge of the Court of Appeal granted leave to appeal a cost decision of the Milan Central Division and, in the same order, refused suspensive effect. Leave was granted on the sole ground that the question whether the automatic suspensive effect of Art. 74(2) UPCA extends to cost decisions ancillary to a revocation decision has not yet been resolved by the Court of Appeal — the standing judge took no position on the merits of that question. Suspensive effect was refused because the applicant bears the burden of establishing exceptional circumstances displacing the Art. 74(1) UPCA rule that an appeal has no suspensive effect, and the applicant had pleaded only its reasons for bringing the appeal and for setting aside the impugned order. Whether the impugned order rests on incorrect conclusions and contradictory reasoning is a matter for the appeal itself, not for the suspensive-effect application. The applicant also failed to show that its interest in withholding payment outweighed the respondent's interest in receiving the EUR 800,000 in recoverable costs.