Rematec v Europe Forestry (CoA, UPC_CoA_88/2026, UPC_CoA_89/2026, 13 October 2026)

Dhenne Avocats · 17 October 2026

Our analysis

Summary

By an order of 13 October 2026, issued under UPC_CoA_88/2026 and UPC_CoA_89/2026, the UPC Court of Appeal, sitting as a single permanent judge, refused Rematec’s application for leave to appeal against the order of the Mannheim Local Division of 22 May 2026. That order had rejected the two requests for a decision on costs filed in the dispute between Rematec and Europe Forestry over EP 2 548 648.

Question

Can an order refusing restitutio in integrum and retroactive extensions of time be challenged by way of an appeal with leave?

Decision

The application is inadmissible in so far as it is directed at the refusal of restitutio in integrum, since Rule 320.7 RoP excludes any appeal against such an order. As regards the refusal to extend time limits retroactively, the Court found no ground on which leave to appeal could be granted. It also rejected Europe Forestry’s request that Rematec bear the costs of the leave proceedings.

Key points for practice

• Rule 320.7 RoP closes the route of appeal against a refusal of restitutio in integrum, and an application for leave to appeal cannot be used to get round that exclusion.
• A party at risk of missing a time limit is well advised to seek an extension before it expires: here, the refusal of a retroactive extension did not justify leave to appeal.
• The respondent’s request that the unsuccessful applicant bear the costs of the leave proceedings was rejected, so such an order should not be taken for granted at that stage.

Provisions applied

Rules of Procedure

Rule 320.7 RoP

Related decisions

• Rematec v Europe Forestry, 3 July 2026, earlier Court of Appeal decision in the same dispute.
• Rematec v Europe Forestry, 30 March 2026, an earlier stage of the same dispute before the Court of Appeal.
• Rematec v Europe Forestry, 17 February 2026, the first Court of Appeal decision in the database between the same parties.

Prepared by Dhenne Avocats from the official decision, consulted on 17 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.