Author: Niels Gierse

  • Court of Appeal, May 30, 2025, Orders, UPC_CoA_845/2024, UPC_CoA_50/2025

    Appeals and cross-appeals are broadly admissible, but the Court will not worsen the position of the appealing party (reformatio in peius) (Art. 73(2) UPCA, R. 220.1, R. 226(b) RoP).: The Court apportions costs based on the degree of success, considering equity and the reasonableness of the parties’ positions. Orders to communicate information must specify a…

  • Milan Local Division, June 2, 2025, Order, UPC_CFI_181/2025

    Joint request for stay of proceedings removes court discretion (Rule 295(d) RoP, Art. 43, 76(1) UPCA): When all parties jointly request a stay, the court must grant it, regardless of the permissive wording in the rule. This upholds party autonomy in determining the subject matter and conduct of their case. Partial stays are permitted for…