ALPINA Coffee Systems v CUP&CINO Kaffeesystem-Vertrieb (CoA, 24 March 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 24 March 2026 (UPC_CoA_44/2026), the Court of Appeal rejects ALPINA Coffee Systems’ application for suspensive effect of its appeal against the Düsseldorf Local Division’s decision of 18 March 2026, which had largely upheld CUP&CINO’s infringement action (EP 3 398 487) and dismissed the counterclaim for revocation. The order confirms that suspensive effect remains the exception and cannot rest on the uncertain outcome of parallel cases.

Question

Can suspensive effect be granted pending the outcome of parallel cases on other patents, or in view of a possible need to redesign the product?

Decision

The application is admissible but unfounded (paragraph 9). Suspensive effect is an exception (Art. 74(1) UPCA), conceivable where the decision is manifestly wrong, where enforcement would render the appeal largely pointless, or where a breach of a fundamental procedural right may have affected the outcome (paragraphs 10 to 12). ALPINA relies on none of these grounds and does not engage with the impugned decision (paragraphs 13 and 15). The harm from a redesign is not substantiated (paragraph 16). The outcome of the parallel cases cannot be assessed and suspensive effect cannot rest on future events. Delaying enforcement would amount to rewarding possible repeated infringement (paragraphs 17 and 18). General assertions about costs and reputational risk are insufficient (paragraph 19).

Key points for practice

• Practical point: an application for suspensive effect must attack the decision itself and substantiate the harm from enforcement, waiting for other proceedings is not enough.

Provisions applied

Agreement on a Unified Patent Court

Art. 74(1)

Rules of Procedure

Rules 223.1 and 223.2(a) and (b)

Case law cited

Knaus Tabbert, Court of Appeal, 21 May 2025, Windhager v Belissa, Court of Appeal, 2 December 2025, Amycel, Court of Appeal, 16 January 2026, Ocado, Court of Appeal, 6 November 2023, Progress Maschinen & Automation, Court of Appeal, 2 May 2024, Philips v Belkin, Court of Appeal, 29 October 2024, RiVOLUTiON v Cilag, Court of Appeal, 15 August 2025

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.