Topics: preservation of evidence
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Court of Appeal, July 23, 2024, order on appeal, UPC_CoA_177/2024
Application for preservation of evidence or inspection of premises implies a request to disclose the report on the outcome: The legitimate purpose of the procedure for the preservation of evidence or the inspection of premises (Art. 60 UPCA, R. 192 et seq.) includes the use of the evidence to decide whether to initiate proceedings on…
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Court of Appeal – Luxembourg (LU), May 2, 2024, Order re application for suspensive effect, UPC_CoA_177/2024
According to Article 74(1) UPCA, the appeal has no suspensive effect unless the Court of Appeal decides otherwise at the motivated request of one of the parties. : The Court of Appeal can grant the application only if the circumstances of the case justify an exception to the principle that the appeal has no suspensive…
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LD Milan – Order of September 25, 2023 – UPC_CFI_286/2023 and UPC_CFI_287/2023
Ex-parte request for preserving of evidence and inspection allowable if requirements under Art. 60 UPCA, Rule 192.2 RoP, and Rule 194.2 RoP are fullfilled / sufficiently substantiated : Milan Local Division has competence pursuant to Art. 32.1 (c), 33.1 (b), and 60.1 UPCA. The following points were assessed by the LD: Fulfilment of the provisions…
3 min Reading time→
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