Progress Maschinen & Automation v AWM (CoA, 2 May 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 2 May 2024 (UPC_CoA_177/2024, APL_20002/2024, App_20143/2024), the judge-rapporteur of the Court of Appeal (P. Blok) granted suspensive effect to the appeal brought by Progress Maschinen & Automation AG against the order of the Milan Local Division of 8 April 2024, which had revoked the preservation of evidence and inspection measures obtained against AWM Srl and Schnell S.p.A. and ordered the evidence gathered to be returned from 5 June 2024. The order applies the test of an appeal rendered devoid of purpose.

Question

Should an appeal against the revocation of evidence preservation measures have suspensive effect where the evidence is to be returned on 5 June 2024?

Decision

An appeal has no suspensive effect unless the Court of Appeal decides otherwise on a reasoned request. The appellant’s interest in maintaining the status quo must exceptionally outweigh the respondent’s, for instance where enforcement would render the appeal devoid of purpose (paragraph 10). That was the case: the return of the evidence would be hard to reverse and a decision on the appeal before 5 June 2024 was uncertain (paragraph 11). Suspensive effect would hardly affect the respondents’ legitimate interests, and their argument that the appeal is unfounded belongs to the merits (paragraph 12). No decision on costs was made (paragraph 13).

Key points for practice

• Practical point: where the impugned order requires seized evidence to be returned on a fixed date, the appellant should apply for suspensive effect, the risk of the appeal becoming devoid of purpose is enough to obtain it.

Provisions applied

Agreement on a Unified Patent Court

Art. 74(1)

Case law cited

AWM v Progress Maschinen & Automation, Milan Local Division, 8 April 2024 (impugned order), Meril Life Sciences v Edwards Lifesciences, Court of Appeal, 18 January 2024, Ocado Innovation v Third Party, Court of Appeal, 6 November 2023, Court of Appeal, 3 April 2024, UPC_CoA_433/2023

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.