Luxembourg: Court Procedure

The Court of Appeal of the Unified Patent Court addresses the procedural requirements for obtaining suspensive effect when filing an application for rehearing under Article 81(2) UPCA. The decision clarifies that suspensive effect is not automatic and requires independent substantiation beyond the grounds for rehearing itself, with applicants needing to demonstrate concrete, irreparable prejudice to justify departure from the default rule of continued enforceability.

This is in accordance with the principles of procedural economy and cost efficiency as well as a fair balance between the legitimate interests of the parties...