Topics: dicretionary review
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CoA, May 26, 2026, security for costs, UPC_CoA_74/2026
discretionary review requires the impugned order to be manifestly erroneous : The claimant presented a number of reasons why, in its view, the impugned order is incorrect, including new arguments not raised at first instance. It failed, however, to demonstrate or even argue that the alleged errors are manifest. facts and arguments not raised cannot…
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CoA, November 27, 2024, Order on a request for discretionary review of an order on security for costs (R.220.3 RoP), UPC_CoA_651/2024
With this order, the Court of Appeal allows leave to appeal on the question whether the judge-rapporteur can decide alone on security for costs of a party and deny leave to appeal.: In the case at hand, the Mannheim Local Division ordered, with reference to Art. 69(4) UPCA and R.158 RoP, Claimant Total Semiconductor to…
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Court of Appeal, September 6, 2024, procedural order, UPC_CoA_489/2024, ORD_48358/2024
Applicant failed to demonstrate that a review of the impugned order is necessary to ensure a consistent application and interpretation of the RoP (point 8 of the Preamble of the RoP) or any other objective of the discretionary review procedure. Its contention that the impugned order is incorrect and does not provide a detailed interpretation…
1 min Reading time→
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