2026-10-09 - CoA - Network System Technologies v. Qualcomm et al. - UPC-COA-0000071/2026
- Aktenzeichen:
- UPC-COA-0000071/2026
- Datum:
- Spruchkörper:
- Court of Appeal - Luxembourg (LU)
- Art:
- Order
- Parteien:
- Network System Technologies LLC v. Qualcomm Incorporated, Qualcomm Technologies, Inc., Qualcomm Germany GmbH
Kernaussage: The Court of Appeal rejected NST's applications under R.
2026-10-09 - CoA - Network System Technologies
v.
Qualcomm et al. - UPC-COA-0000071/2026
routine
The Court of Appeal rejected NST's applications under R. 320 RoP to re-establish its right to appeal the rejection of its R. 190 RoP applications for production of evidence, which the Munich LD had decided in the grounds of its merits decisions; the CoA had earlier held those appeals inadmissible as lodged outside the 15-day period of R. 224.1(b) RoP. The applications were admissible but unfounded: the reasons that had failed to show an excusable error under exceptional circumstances equally failed to show that all due care had been taken. Following AIM v Supponor, an order is identified by its substance, not by the title of the document, the requests section or the operative part, and missing appeal information that plainly related only to the merits decision could not have misled a diligent representative. The panel declined to refer the matter to the full Court under R. 238A.1 RoP, as the case only applied settled principles.