OTEC Präzisionsfinish v Steros GPA Innovative (CoA, 10 July 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 10 July 2025 (UPC_CoA_581/2025, App_30685/2025), the judge rapporteur Gougé (Court of Appeal) rejected OTEC Präzisionsfinish’s application for suspensive effect against the Hamburg Local Division’s order of 16 June 2025, which had provisionally restrained it, in 18 states, from infringing Steros GPA Innovative’s EP 4 249 647, with penalty payments of up to EUR 250,000.

Question

Should an appeal against a provisional measures order have suspensive effect where the appellant alleges errors on infringement, validity and the balance of interests, and a breach of the right to be heard?

Decision

No. An appeal has no suspensive effect unless the Court of Appeal decides otherwise on a reasoned request (Art. 74(1) UPCA, paragraph 8). Exceptional circumstances are required, such as a manifestly erroneous order, after weighing the parties’ interests (paragraphs 9 and 10), and it is for the appellant to establish them (paragraph 11). OTEC’s criticisms belong to the examination of the appeal itself. No manifest error, meaning findings clearly untenable on a summary assessment, was shown (paragraph 13). No breach of fundamental procedural rights is apparent: OTEC was able to make its case, its arguments may have been considered implicitly, and the order does not manifestly lack reasons (paragraph 14). The application is decided without hearing the respondent (Rule 223.3, paragraph 16).

Key points for practice

• Practical point: challenging the reasoning of a provisional measures order is not enough for suspensive effect, the appellant must show a manifest error or a clear breach of the right to be heard.

Provisions applied

Agreement on a Unified Patent Court

Art. 74(1)

Rules of Procedure

Rules 113.1 and 223

Case law cited

Court of Appeal: ICPillar v ARM, 19 June 2024, Sibio v Abbott, 19 August 2024, Belkin v Philips, 29 October 2024 and Bhagat v Oerlikon, 16 January 2025

Related decisions

• Steros GPA Innovative v OTEC Präzisionsfinish, 16 June 2025, Hamburg Local Division provisional measures order under appeal.
• OTEC Präzisionsfinish v STEROS GPA Innovative, 7 November 2025, Court of Appeal decision in appeal UPC_CoA_579/2025.

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.