UPC_CoA_135/2026

Decisions and documents (1)

• 2026-08-21procedural

  Berufungsklägerinnen:

  Allison GmbH; Nuna International B.V.

  Berufungsbeklagte:

  Cybex GmbH

  1) The existence of a manifest error gives rise, pursuant to Art. 74(1) UPCA in conjunction with R. 223 RoP, to the granting of suspensive effect to the Appeal. The suspensive effect need not necessarily be granted in respect of the entire contested decision or order at first instance. The suspensive effect may be limited to that part of the decision or order made at first instance which is affected by the manifest error or which is based on the manifest error. A prerequisite for this is that the part in question is distinct. Aktenzeichen 2) A distinct part of a court decision exists if that part can be assessed or impugned separately from the other parts of the decision without affecting its meaning or the meaning of the other parts. 3) A waiver of enforcement is valid if it clearly indicates the title under which and the extent to which enforcement is no longer to take place (specificity) and is, furthermore, unambiguous, irrevocable and unconditional. 4) A valid waiver of enforcement may obviate the need for legal protection in relation to an application pursuant to R. 223 RoP.

  Judge: Ulrike Voß • Panel: Nathalie Sabotier, Ulrike Voß🔒 Unlock Official PDF