Topics: R. 265.1 RoP
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Court of Appeal, July 17, 2026, Order, UPC-CoA-94/2026
An application for suspensive effect can be withdrawn pursuant to R. 265.1 RoP, applied mutatis mutandis, if no final decision has been issued and the opposing party consents, thereby demonstrating that the opposing party has no interest in a decision being made: The CFI found the patent-in-suit to be infringend and dismissed the Counterclaim for…
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Court of Appeal, July 17, 2026, UPC_CoA_360/2025, Decision
The right to a court fee refund upon withdrawal is governed by the rules in force on the date of the withdrawal request, not the filing date of the action (R. 370.9 RoP): The Court held that the triggering event for a refund claim is the withdrawal itself. Therefore, amendments to R. 370.9 RoP apply…
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CoA, July 6, 2026, Decision regarding application to withdraw (R. 265 RoP) and reimbursement of court fees (R. 370.9 RoP), UPC-CoA-29/2026, UPC-CoA-30/2026
R. 265.1 RoP applies equally to withdrawals of appeals and first instance actions, provided no final decision has yet been issued: The CoA confirmed its consistent case law that R. 265.1 RoP, which permits withdrawal of an action before a final decision is issued, applies equally to appeal proceedings. With both appellant and respondent having…
3 min Reading time→
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