Home » UPC decisions » Luxembourg Court of Appeal » Court of Appeal, February 8, 2024, order on representation for file inspection, UPC_CoA_404/2023

Court of Appeal, February 8, 2024, order on representation for file inspection, UPC_CoA_404/2023

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Key takeaways

A member of the public who requests access to the Register pursuant to R.262.1(b) RoP is a “Party” pursuant to R.8.1 RoP and, thus, must be represented before the UPC by an authorised representative (pursuant to Art. 48 UPCA). This is meaningful, because such request must be reasoned and there is an adversarial phase where the judge-rapporteur consults the parties about the request.

In the absence of a representative, the Court of Appeal has allowed the member of the public a time period to remedy this deficit.

Division

Court of Appeal

UPC number

UPC_CoA_404/2023

Type of proceedings

Appeal proceedings

Parties

Ocado Innovation Limited

Autostore AS et al

Body of legislation / Rules

Rule 8.1 RoP, Rule 262.1(b) RoP, Art. 47 UPCA, Art. 48 UPCA


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