Topics: R. 223 RoP
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CoA UPC, August 15, 2025, order on suspensive effect, UPC_CoA_737/2025
No evident error if decision’s reasons are not yet available: Suspensive effect of an appeal may be granted if the order against which the appeal is directed is evidently erroneous. No evident error can be identified in the contested decision if the reasons for the decision are not yet available. The assumption of an evident…
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CoA, order of August 15, 2025, order on suspensive effect, UPC_CoA_740/2025
Application for suspensive effect is inadmissable if no appeal is filed: It is not possible to apply for suspensive effect before an appeal is lodged. This follows from Art. 74 (1) UPCA stating that an appeal has no suspensive effect unless decided otherwise by the CoA. In cases of extreme urgency the applicant may apply…
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Court of Appeal, June 6, 2025, procedural order, UPC_CoA_434/2025
Requirements for suspensive effect of an appeal: An appeal shall only be granted suspensive effect if the circumstances of the case justify an exception. This may be the case for orders of communication of information according to Art. 67 UPCA. However, the risk of irreparable harm, if the suspensive effect is not granted, has to…
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CoA Luxembourg, March 24, 2025, procedural order UPC_CoA_835/2024
Submissions after the conclusion of written proceedings are not admissible: Additional grounds of appeal that are not raised within the time limit for the statement of grounds of appeal provided for in R. 224.2 RoP are inadmissible, R. 233.3 RoP A further exchange of written pleadings may be permitted at the reasoned request of a…
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CoA Luxembourg, December 17, 2024, Application for suspensive effect, UPC_CoA_810/2024
Suspensive Effect of Appeal: The primary legal issue revolves around the suspensive effect of an appeal, specifically under Rule 223.4 RoP, which allows for suspensive effect in cases of extreme urgency. Requirement of Extreme Urgency: The Court emphasized that the applicant must demonstrate the existence of an extreme urgency to justify suspensive effect. In this…
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Court of Appeal, October 29, 2024, order, UPC_CoA_549/2024
Order on suspensive effect of appeal if impugned decision is evidently incorrect.: The suspensive effect may be ordered in particular if the order against which the appeal is directed is evidently incorrect. Whether there is an evident violation of the law is assessed on the basis of the factual findings and legal considerations that provide…
4 min Reading time→
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