Institutions: Luxembourg Court of Appeal
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Court of Appeal, February 26, 2024, order on stay of proceedings after insolvency, UPC_CoA_335/2023
Proceedings are not required to be stayed under Rule 311.1, 1st sentence RoP, if a party is declared insolvent only after the oral proceedings have concluded and the dispute is ready for a decision: This is in accordance with the principles of procedural economy and cost efficiency as well as a fair balance between the…
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Court of Appeal, February 22, 2024, order for expedition of the appeal, UPC_CoA_36/2024
If the appellant takes full advantage of the 15-day deadline for lodging the Statement of appeal and the Statement of grounds of appeal pursuant to Rule 224.1(b) and Rule 224.2(b) RoP, a request for expedition of the appeal proceedings by shortening deadlines must be rejected: An expedition would not sufficiently take into account the respondent’s…
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CoA, 13 October 2023, order of the court of appeal, UPC_CoA_320/2023
Effective service of the statement of claim does not require that exhibits are included: Only those exhibits that are essential for understanding the subject matter and the cause of action must be served on the defendant together with the statement of claim (and translated if necessary). Rule 270 RoP provides that the Regulation (EU) 2020/1784…
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CoA Luxembourg, 11 January 2024, order concerning request for discretionary review, UPC_CoA_486/2023
Nature of “notice” pursuant to R. 20.2 RoP to be determined.: It remains to be determined whether this “notice” is a decision / order. Competence concerning application to review pursuant to R. 333.1 RoP to be determined.: It remains to be determined whether the judge rapporteur or the panel is competent. Exceptionally, a request for…
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Court of Appeal, 11 December 2023, order of the court of appeal of the UPC, UPC_CoA_404/2023, App_584498/2023
Procedural Court order allowing the parties to comment on several procedural aspects, in particular whether Rule 8 RoP applies.: Court Court of Appeal UPC number UPC_CoA_404/2023 Type of proceedings Appeal infringement proceedings Parties Ocado Innovation Limited (Plaintiff) and (1) Autostore AS(2) Autostore Sp. z o.o.(3) Autostore System AB(4) Autostore S.A.S.(5) Autostore System GmbH(6) Autostore System…
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CoA Luxembourg, 20 December 2023, UPC_CoA_478/2023, App_594342/2023
In proceedings before the Court of Appeal, which do not involve technical issues, the Court of Appeal can decide without technically qualified judges: In an appeal against an order pursuant to R.323 RoP (language of the proceedings) a request by the Appellant applied for on the last day of the time periods under R. 224.1(b)…
2 min Reading time→
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