Topics: R. 265 RoP
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CD Munich, 23 July, 2023, Order on conclusion of a revocation action by way of settlement, UPC 75/2023, UPC 80/2023
Conclusion of an action by way of settlement without a request according to R. 365.1 RoP possible: The parties may at any time conclude their action by way of settlement which “shall” be confirmed by a decision of the Court, Art. 79 UPCA. R. 365 RoP clarifies that the Court shall confirm the settlement only…
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CoA Luxembourg, June 4, 2024, order on withdrawal of appeal, UPC_CoA_183/2024
Applicable rule for the withdrawal of an appeal: R. 265 RoP, which has a broad scope: R. 265 RoP is primarily drafted with a view to comprehensive withdrawals of whole actions. It does neither distinguish between the first instance and the appeal proceedings nor between procedural appeal and appeals in substance. It does also not…
3 min Reading time→ -
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CoA Luxembourg, June 4, 2024, order on withdrawal of appeal, UPC_CoA_205/2024
Applicable rule for the withdrawal of an appeal: R. 265 RoP, which has a broad scope: R. 265 RoP is primarily drafted with a view to comprehensive withdrawals of whole actions. It does neither distinguish between the first instance and the appeal proceedings nor between procedural appeal and appeals in substance. It does also not…
3 min Reading time→ -
LD The Hague, May 1, 2024, UPC_CFI_379/2023, Procedural order
Withdrawal of action pursuant to R. 265 RoP and reimbursement of court fees: An application to withdraw shall be permitted if the other party consents to the withdrawal. The Court then issues a decision declaring the proceedings closed, resp. the case terminated. The decision includes a decision on costs and the decision will be published…
2 min Reading time→
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