Topics: Discretionary review
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CoA, December 23, 2024, oder concerning an application for a discretionary review (Rule 220.3 RoP)
Unconditional right to limit claims for damages (R. 263.3 RoP): An unconditional application to reduce the amount of damages claimed shall be considered as an unconditional application under Rule 263.3 RoP. Leave to limit a claim in an action unconditionally shall always be granted. Procedure for determining the value of the action (R. 22, 104,…
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CoA, August 21, 2024, Order on a request for a discretionary review pursuant to R. 220.3 RoP, UPC_CoA_469/2024
The exclusion of a specific natural person from the confidentiality club in the context of a R. 262.A order requires concrete reasons: The abstract risk that an in-house counsel could breach the confidentiality obligation due to conflicts of interest if the in-house counsel is included in the group of persons entitled to access confidential information…
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CoA Luxemburg, August 21, 2024, Order concering an application for a discretionary review by the CoA under Rule 220.3 RoP, UPC_CoA_454/2024
An appeal against an order denying a request to reject an action as manifestly bound tofail according to R.361 RoP is admissible under the requirements of R.220.2 and R.220.3 RoP: A discretionary review by the Court of Appeal pursuant to R.220.3 RoP is only admissible if leave to appeal against the impugned order is required…
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CoA, March 21, 2024, order, UPC_CoA_486/2023
An appeal against a decision of the judge rapporteur can be admissible if it is the subject of the appeal whether the judge rapporteur was entitled to issue the decision under appeal.: R 220.3 RoP provides for the admission of an appeal against an order issued by a panel. However, the order under appeal was…
5 min Reading time→
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