GEIST:UPC Searchengine

ORD_25123/2024

Carrier Corporation v. BITZER Electronics A/S

Date
2024-05-28
Division
Luxembourg (LU)
Type of action
Appeal RoP220.2
Language
EN

Metadata

Case IDORD_25123-2024-3583b04c8572
Case number
Registry numberORD_25123/2024
Order referenceORD_25123/2024
Keywords
Headnotes

Documents and full text

Extractor: pypdf | Pages: 11

1 Order of the Court of Appeal of the Unified Patent Court issued on 28 May 2024 HEADNOTES 1. Article 33(10) UPCA and Rule 295(a) RoP must be applied and interpreted in accordance with the fundamental right to an effective legal remedy and a fair and public hearing within a reasonable time as guaranteed by Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and, to the extent that European Union Law is concerned, Article 47 of the Charter. These provisions must also be applied and interpreted in accordance with Articles 41(3), 42 and 52(1) UPCA on the basis of the principles of proportionality, flexibility, fairness and equity (point 2 of the Preamble of the RoP). 2. In accordance with these principles, proceedings must be conducted in a way whi ...