European Union: Trials & Appeals & Compensation

The mechanism of the preliminary reference stands as one of the cornerstones of European Union law. It establishes a channel of judicial cooperation between the national courts of Member States and the Court of Justice of the European Union ("CJEU"), ensuring the uniform interpretation and application of EU law across all Member States. Understanding this mechanism, and in particular the conditions under which a Cypriot court may invoke it, is of considerable practical importance for any party appearing in proceedings that raise a question of EU law.

The Court of Appeal of the Unified Patent Court examines the stringent requirements for granting suspensive effect under Article 74(1) UPCA and Rule 223.2 RoP in patent litigation. This decision clarifies when an applicant's interest in maintaining the status quo during an appeal can exceptionally outweigh the respondent's interests in cost proceedings related to revocation actions.

The Court dismissed Claimant’s request for the production of documents under R. 190 RoP as Claimant failed to identify which facts it seeks to prove, did not identify by which means of evidence and did not explain for what purpose, i.e. the necessity of such evidence.