RiVOLUTiON v Cilag International (CoA, 15 August 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 15 August 2025 (UPC_CoA_737/2025), Judge Rombach, standing judge of the Court of Appeal, rejected RiVOLUTiON’s application for suspensive effect against the provisional measures ordered by the Munich Local Division on 6 August 2025 in favour of Cilag GmbH International on claim 1 of EP 2 515 768 (UPC_CFI_381/2025). As the reasons for that order were not yet available, only a manifest error apparent from the operative part could have justified suspensive effect.

Question

Can suspensive effect be obtained for an appeal against provisional measures when the reasons for the decision under appeal have not yet been issued?

Decision

Suspensive effect remains an exception: it requires a manifestly wrong decision, an appeal that would become largely pointless, or a serious procedural violation (paragraphs 9 to 11). Without reasons, a manifest error can only appear from the operative part itself, for example where it orders a consequence not provided for in the UPCA or the RoP (paragraph 13). Urgency, the balance of interests, costs (Art. 69 UPCA) and the lack of security for enforcement therefore cannot be assessed (paragraphs 14 to 17). RiVOLUTiON does not dispute infringement and shows no unbearable disadvantage (paragraph 19). Since the 15-day period for the grounds of appeal only runs from service of the reasoned decision (Rule 224.2(b) RoP), RiVOLUTiON was invited to say within three days whether it withdraws its request for a four-week period (paragraph 20).

Key points for practice

• Practical point: against an order served without reasons, an application for suspensive effect must target an error visible in the operative part alone, complaints on urgency, balance of interests or costs must wait for the reasons.

Provisions applied

Agreement on a Unified Patent Court

Art. 69(1) and (2) and Art. 74(1)

Rules of Procedure

Rules 223.1, 223.2 and 224.2(b)

Case law cited

Meril Life Sciences v Edwards Lifesciences, Court of Appeal, 18 January 2024, ICPillar, Court of Appeal, 19 June 2024, Sibio v Abbott Diabetes Care, Court of Appeal, 19 August 2024, Ocado Innovation v Third Party, Court of Appeal, 6 November 2023, Progress Maschinen & Automation, Court of Appeal, 2 May 2024, Koninklijke Philips v Belkin, Court of Appeal, 29 October 2024, Knaus Tabbert v Yellow Sphere, Court of Appeal, 21 May 2025, Ballinno v Kinexon Sports & Media, Court of Appeal, 12 July 2024, Mammut v Ortovox

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.