CoA, August 3, 2026, Order Concerning Penalty Orders, UPC-CoA-28/2026

Key takeaways

If the Court of Appeal revokes a first-instance decision in merits proceedings in which orders were granted under recurring penalty payments, the revocation has retroactive effect and the order must be regarded as never having had any legal effect.

The revocation of an order of the Court of First Instance granting a permanent injunction (Art. 75(1) UPCA, R. 242.1 RoP) will have retroactive effect as a general rule. The revoked order must therefore be regarded as never having had any legal effect. It follows that the revocation of an order granted under recurring penalty removes the legal basis for any following order actually ordering the penalty payment, even if that decision relates to alleged breaches of the order prior to the revocation. (cf. CoA, December 10, 2024, UPC-CoA-470/2023, Nanostring v 10x) (headnote 1, mn. 19)