Key legal question
Whether a new claim deadline must be set on appeal against an interim injunction when the appeal has no suspensive effect
Extracted holding
A new claim deadline under § 262(2) ZPO is required only if the interim injunction has been granted suspensive effect in the appeal proceedings. Without suspensive effect, the original first-instance deadline remains binding.
Extracted reasoning
The court held that the appealed interim injunctions were not automatically covered by the general suspensive effect under the appellate practice guidance. The parties must comply both with the injunction and with the first-instance claim deadline until the appellate court sets the injunction aside. Requiring the claimant to commence the action by simple written summons is not unreasonable.