Case Law
Rule 242: Decision of the Court of Appeal

Court of Appeal - Luxembourg (LU), Order dated 10/12/2024, NanoString Technologies Germany GmbH, NanoString Technologies Inc., NanoString Technologies Netherlands B.V. v. 10x Genomics, Inc., President and Fellows of Harvard College (Case/ Registry number: APL_593120/2023, ORD_598533/2023)
Example of decision on revocation: "The revocation under Art. 75(1) UPCA and R. 242.1 RoP of an order of the Court of First Instance granting a provisional injunction will, as a general rule, have retroactive effect.
The order is revoked because it has been established by a final judgment of the Court of Appeal that the order should not have been made. A revoked order must therefore be regarded as never having had any legal effect. It follows that the revocation of an order granting a provisional injunction prohibiting the continuation of infringements subject to a recurring penalty removes the legal basis for any subsequent decision ordering the payment of a penalty, even if that decision relates to alleged breaches of the provisional injunction prior to the revocation."