Alexion Pharmaceuticals, Inc. v. Amgen Technology (Ireland) Unlimited Company et al. Decision of the Court of Appeal of the UPC, 19 June 2025, Case no. UPC_CoA_405/2024
The Court of Appeal sets out the general principles to be considered when deciding on a request for a rehearing based on a fundamental procedural defect (Art. 81(1) UPCA), R. 245 RoP)
“A rehearing is thus not a regular appeal proceeding, but an extraordinary legal remedy. Only fundamental procedural defects can be the basis for a rehearing. It is therefore not intended that mere errors of any kind can be a ground for an application for rehearing.
“In order to qualify as a ground for rehearing, a procedural defect must be so fundamental that it is intolerable for the legal system and overriding the principle that proceedings which have led to a final decision should not be re-opened in the interest of legal certainty. Furthermore, a defect may only be considered fundamental if it can be established that without the defect the same decision would not have been taken. […] It is for the applicant to show this.”
A copy of the decision can be read here.
