Suinno Mobile v Microsoft (UPC_CoA_000911/2025)
Decision date:
24 November 2025
Osborne Clarke summary
- In this decision, the Court of Appeal rejected Suinno's application to suspend the effect of a costs order pending an appeal on costs.
- Following an unsuccessful infringement action against Microsoft and Suinno's related appeal, the Paris CD had ordered Suinno to pay Microsoft costs of €350,000 within three weeks. Suinno filed an application for leave to appeal the costs order, together with a request under Rule 223 RoP for suspensive effect.
- Suinno characterised the costs decision as "erroneous and grossly excessive" and argued that enforcement before its appeal had been determined would be unreasonable. It also argued that a pending revocation counterclaim would result in Suinno becoming a creditor against Microsoft, enabling set-off.
- The Court of Appeal stated that the general principle is that an appeal does not have suspensive effect unless it decides otherwise at the request of one of the parties (Article 74(1) UPCA). A suspension may be granted in exceptional circumstances, for example, if the appealed order or decision is manifestly erroneous, or if the appeal becomes devoid of purpose in the absence of suspensive effect (citing Chint v JingAo).
- The requirement of exceptional circumstances must be established by the applicant. The Court of Appeal considered that Suinno had not evidenced such circumstances, and had not demonstrated that the impugned decision was manifestly erroneous. Whether an impugned order is based on incorrect conclusions and contradictory reasoning was a matter for determination in the main appeal proceedings.
- The Court of Appeal gave its decision without hearing Microsoft, noting that it must decide suspensive effect applications without delay under Rule 223.3 RoP and that the outcome favoured Microsoft.
- Related decisions can be found here, here and here.
Issue
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