2024-01-24 - LD Paris - DexCom v. Abbott - UPC_CFI_230/2023
- Aktenzeichen:
- UPC_CFI_230/2023
- Datum:
- Spruchkörper:
- Court of First Instance - Paris (FR) Local Division
- Art:
- Order
- Parteien:
- Dexcom, Inc. v. Abbott Laboratories, Abbott Diabetes Care inc, Abbott France, Abbott NV/SA, Abbott B.V, Abbott S.r.l, Abbott Sacandinavia Aktiebolag, Abbott GmbH, Abbott Diagnostics Gmbh, Abbott Logistics B.V
Kernaussage: Refusal to grant a leave for appeal until it has been reviewed by the panel pursuant to R.
2024-01-24 - LD Paris - DexCom
v.
Abbott - UPC_CFI_230/2023
Refusal to grant a leave for appeal until it has been reviewed by the panel pursuant to R.333.1 RoP.
notable
The Paris Local Division, sitting as full panel, refused leave to appeal the rapporteur's 19 December 2023 confidentiality order because Abbott had filed both a Rule 220.2 RoP leave-to-appeal request and a Rule 333.1 RoP panel-review request against the same case-management order, and the latter was still pending. Applying the Court of Appeal's general principle from UPC_CoA_486/2023 (11 January 2024, §6), the panel held that a case-management order by the judge-rapporteur cannot be appealed until it has first been reviewed by the panel under Rule 333.1 RoP; leave-to-appeal under Rule 220.2 RoP is therefore inadmissible at that stage. Only after the panel rules on the Rule 333.1 RoP review does the appeal route (Rule 220.2 RoP leave, or Rule 220.3 RoP discretionary review if leave is refused) open.
Stichwörter
Case management Order by Judge-rapporteur. Review under R.333 only possible. Appeal under R.220.2 not admissible. UPC CoA 486/2023, decision of 11 January 2024, §6.