Topics: R. 360 RoP
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CoA, November 27, 2025, decision regarding the admissibility of an appeal withdrawal under Rule 265 RoP and the mootness of the intervenor’s appeal, UPC_CoA_70/2025, UPC_CoA_001/2025
An intervenor cannot contradict the party they support: The Court confirms that an intervenor must not act in contradiction to the supported party’s procedural acts or declarations. Consequently, the intervenor cannot oppose that party’s withdrawal of the appeal. The intervenor has no independent appellate standing: Procedural steps by an intervenor are permissible only insofar as…
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Court of Appeal, May 12, 2025, order on appeal against order for security of costs, especially when the action has become devoid of purpose, UPC_CoA_328/2024
Admissibility of Appeals: An appeal against an order for security of costs, brought together with an appeal against an order on provisional measures remains admissible, even if the request has become devoid of purpose (here because the appellant has later made it clear that it no longer requests provisional measures). The appellant retains a legal…
3 min Reading time→ -
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CoA, January 15, 2025 order concerning the need to adjudicate UPC_CoA_584-2024
No need to adjudiacte also when appeal has become devoid of purpose: R.360 RoP applies not only when the action itself has become devoid of purpose, but also when the appeal has become devoid of purpose. According to R.360 RoP the Court may at any time, on the application of a party or its own…
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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…
3 min Reading time→
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