2025-07-09 - CoA - Chint v. Jingao Solar - UPC_CoA_430/2025
- Aktenzeichen:
- UPC_CoA_430/2025
- Datum:
- Spruchkörper:
- Court of Appeal - Luxembourg (LU)
- Art:
- Appeal Decision
- Parteien:
- Chint New Energy v. JingAo Solar
Kernaussage: The Court of Appeal dismissed an Appeal against an order by the judge-rapporteur regarding a security for costs (Rule 158) as inadmissible, stating that such an order was not subject to an appeal but needed to be first submitted for review by the panel (Rule 333) in order not to…
2025-07-09 - CoA - Chint
v.
Jingao Solar - UPC_CoA_430/2025
The Court of Appeal dismissed an Appeal against an order by the judge-rapporteur regarding a security for costs (Rule 158) as inadmissible, stating that such an order was not subject to an appeal but needed to be first submitted for review by the panel (Rule 333) in order not to unnecessarily involve the CoA in cases where the panel does not agree with the JR who issued the order. The CoA clarified that the the JR having granted leave to appeal did not make the appeal admissible as granting such leave was not within the JR's discretion. Finally, the CoA rejected the application to refer this question to the full Court of Appeal as both panels had the same stance on the issue of admissibility.
Stichwörter
Case management decision, Appeal, Security for costs