UPC-series: Time to appeal!

The defeated party may bring an appeal application before the Court of Appeal. The other party is free to file a counter-appeal pursuant to Rule 235 of the Rules of Procedure. The standing judge may deny the request to appeal. If the request is accepted the procedure continues by the same way as in the Court of First Instance. Subjects of the appeal procedure can be either points of law or facts or both. Regarding the acceptance of new requests, facts and evidence, Rule 222(2) of the Rules of Procedure is very clear. The Court of Appeal holds its discretion and may disregard them if they have not been submitted at First Instance. Nevertheless, the Court of Appeal should always consider the prerequisites below, as expressly stated in the aforementioned Rule 222:

a) a party seeking to lodge new submissions is able to justify that the new submissions could not reasonably have been made during proceedings before the Court of First Instance,

b) the new submissions are highly relevant for the decision on the appeal,

c) the position of the other party regarding the lodging of the new submissions.

The Court of Appeal may decide without any delay to reject the appeal, set the decision of the Court of the First Instance aside, make a new order which is partially or totally different. It can also -in rare cases- refer back to the Court of First Instance for it to decide or to retrial. The appeal itself has no suspensive effect unless the case is about actions or counterclaims regarding revocation. The parties may lodge an application and request the suspensive effect of the appeal.

Areas of Law

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