2026-10-29 - CoA - Hybridgenerator v. Infotech Concept et al. - UPC-COA-0000172/2026
- Aktenzeichen:
- UPC-COA-0000172/2026
- Datum:
- Spruchkörper:
- Court of Appeal - Luxembourg (LU)
- Art:
- Order
- Parteien:
- Hybridgenerator ApS v. REDACTED PARTY, Infotech Concept ApS, HGSystem ApS
Kernaussage: The standing judge of the Court of Appeal dismissed an application for suspensive effect of an appeal, for which leave was sought under R.
2026-10-29 - CoA - Hybridgenerator
v.
Infotech Concept et al. - UPC-COA-0000172/2026
notable
The standing judge of the Court of Appeal dismissed an application for suspensive effect of an appeal, for which leave was sought under R. 221.3 RoP, against a Copenhagen Local Division cost decision. Following ICPillar v ARM and AMMS v Gilead, R. 223.5 RoP does not bar an application for suspensive effect of an appeal against an R. 221.3 RoP cost order, but such effect is granted only in exceptional circumstances, which the applicant must establish. The need for several recipients to repay amounts if the cost decision is later altered does not make the appeal devoid of purpose, because payment can be reversed and the applicant did not show any recipient was unable or unwilling to repay. The applicant's delay in applying and in correcting deficiencies, while ignoring the payment deadline, further weighed against suspensive effect; where the cost decision imposed no payment obligation, there was nothing to suspend.