Topics: Rule 220.1 RoP
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Court of Appeal, February 27, 2026, request for further exchanges of written pleadings, UPC_CoA_884/2025
Requests, facts and evidence from first instance automatically form part of appeal proceedings (R. 222.1 and R. 222.2 RoP): The appellant argued it needed an additional round of written pleadings to respond to six auxiliary requests raised by the respondent in its Statement of Response. The judge-rapporteur rejected this application, finding no justification for reopening…
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CoA, December 3, 2024, appeal decision on request for preliminary measures, UPC_CoA_297/2024
When the Court adjudicates on an application for provisional measures pursuant to R. 211.2 RoP in conjunction with Art. 62(4) UPCA, a sufficient degree of certainty (see also Art. 9(3) Directive 2004/48/EC) requires that the court considers on the balance of probabilities, that it is more likely than not, that the Applicant is entitled to…
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CoA Luxembourg, April 26, 2024, UPC_CoA_500/2023
Time period for lodging an appeal can be extended in case of an excusable error: It is true that the time period for lodging an appeal is a mandatory time limit that cannot be extended (see R. 9.4 RoP) However, an excusable error can, in exceptional circumstances, justify a derogation from that rule. That is…
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Luxembourg Court of Appeal, 18 January 2024, Order of Court of Appeal, UPC_CoA_4/2024
Orders given pursuant to Rules 360, 361 and 362 RoP: Under Rule 363.2 of the Rules of Procedure, orders given pursuant to Rules 360, 361 and 362 of the Rules of Procedure are final decisions within the meaning of Rule 220.1(a) of the Rules of Procedure. An order pursuant to Rule 360 of the Rules…
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Court of Appeal, 15 February 2024, order on fee for the appeal
Applicable court fees if the table of fees does not provide a fee for the specific action: In the absence of a specific fee for a specific case, such a fee is to be charged for the case that is most comparable to the present case according to the table of fees. The table of…
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