Topics: R.220.3 RoP
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CoA, May 19, 2026, order on request for a discretionary review, UPC-CoA-67/2026
Requirements for discretionary review pursuant to R. 220.3 RoP: When deciding whether to allow a discretionary review, the Court of Appeal must consider whether the impugned order of the Court of First Instance is manifestly erroneous and whether the impugned order raises a fundamental question of law and its review is necessary to ensure a…
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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…
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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…
3 min Reading time→
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