Case Law
Article 74: Law applicable

Court of Appeal – Luxembourg (LU), Order dated 18/01/2024, Meril Life Sciences Pvt Ltd.;Meril GmbH / Edwards Lifesciences Corporation (Case number UPC_CoA_4/2024, ORD_533/2024)
Example of decision on the exception to the principle that an appeal has no suspensive effect :
“In accordance with article 74(1) EPC, an appeal has no suspensive effect, unless the appeal court decides otherwise on a reasoned request from one of the parties. The Court of Appeal can therefore only grant the request if the circumstances of the case justify an exception to the principle that the appeal has no suspensive effect. It is necessary to examine whether, on the basis of these circumstances, the appellant’s interest in maintaining the status quo until its appeal has been decided exceptionally outweighs that of the respondent. The appellants argue that a costs procedure would entail additional costs for them. However, such an interest does not generally outweigh the interest of the successful party within the meaning of rule 151 of the Rules (in this case, the respondent) in obtaining an early decision on costs.”