ARTICLE
22 October 2026

CoA, October 13, 2026, Order On Application For Leave To Appeal, UPC-CoA-88/2026 And UPC-CoA-89/2026

BP
Bardehle Pagenberg

Contributor

BARDEHLE PAGENBERG combines the expertise of attorneys-at-law and patent attorneys. As one of the largest IP firms in Europe, BARDEHLE PAGENBERG advises in all fields of Intellectual Property, including all procedures before the patent and trademark offices as well as litigation before the courts through all instances.
No leave to appeal re. application for re-establishement of rights
Germany Intellectual Property

1. Key takeaways

Headnote: An application for leave to appeal pursuant to R. 157 RoP in conjunction with R. 221 RoP is inadmissible insofar as it concerns a rejection of the application for re-establishment of rights. According to R. 320.7 RoP, there shall be no right to appeal from an order rejecting an application for re-establishment of rights or from an order granting re-establishment of rights. It follows that a corresponding application for leave to appeal according to R. 157 RoP in conjunction with R. 221 RoP is inadmissible.

2. Division

Court of Appeal, Standing judge

3. UPC number

UPC_CoA-88/2026, UPC_CoA-89/2026

4. Type of proceedings

Application for leave to appeal in the context of an application for re-establishement of rights

5. Parties

Rematec GmbH & Co KG (Applicant); Europe Forestry B.V. (Respondent)

6. Patent(s)

EP 2 548 648

7. Jurisdictions

Place jurisdictions

8. Body of legislation / Rules

Rules 157, 221, 320.7 RoP

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