Luxembourg Court of Appeal, 18 January 2024, Order of Court of Appeal, UPC_CoA_4/2024

Under Rule 363.2 of the Rules of Procedure, orders given pursuant to Rules 360, 361 and 362 of the Rules of Procedure are final decisions within the meaning of Rule 220.1(a) of the Rules of Procedure. An order pursuant to Rule 360 of the Rules of Procedure by which the court has dismissed an action because there is no need to adjudicate on the merits shall also include a decision on the costs of the proceedings.

The court of appeal may only grant a request for suspensive effect if the circumstances of the case justify an exception to the principle that the appeal has no suspensive effect. It must be examined whether, on the basis of these circumstances, the interest of the appellant in maintaining the status quo until the decision on his appeal outweighs the interest of the respondent by way of exception.

The granting of suspensive effect may exceptionally be justified if the order against which the appeal is directed is evidently wrong.

The fact that a procedure for cost decision would cause further costs for the appellants does not normally outweigh the interest of the successful party within the meaning of Rule 151 RoP (in this case the appellee) in a quick decision on the costs of the proceedings.