2026-08-31 - CoA - Kodak v. Fujifilm - UPC_CoA_312/2025
- Aktenzeichen:
- UPC_CoA_312/2025
- Datum:
- Spruchkörper:
- Court of Appeal - Luxembourg (LU)
- Art:
- Order
- Parteien:
- Kodak Holding GmbH, Kodak GmbH, Kodak Graphic Communications GmbH v. Fujifilm Corporation
Kernaussage: The Court of Appeal refused to give suspensive effect to an application for rehearing brought under Art.
2026-08-31 - CoA - Kodak
v.
Fujifilm - UPC_CoA_312/2025
routine
The Court of Appeal refused to give suspensive effect to an application for rehearing brought under Art. 81 UPCA against its own final decision. Under Art. 81(2) UPCA and R. 252 RoP the lodging of a rehearing application does not suspend the enforceability of the decision under review, so suspensive effect is an exception that the applicant must specifically justify on the circumstances of the case, the interests of the parties included. Repeating the grounds of the rehearing application does not discharge that burden: whether the alleged fundamental procedural defects exist is the very question the rehearing proceedings will examine. The applicant identified no specific prejudice from continued effect of the decision and did not explain why any such prejudice could not be remedied if the rehearing were allowed.