2025-01-14 - CoA - Total Semiconductor v. Texas Instruments - UPC_CFI_132/2024
- Aktenzeichen:
- UPC_CFI_132/2024
- Datum:
- Spruchkörper:
- Court of Appeal - Luxembourg (LU)
- Art:
- Appeal Order
- Parteien:
- TOTAL SEMICONDUCTOR v. Texas Instruments
Kernaussage: 1.
2025-01-14 - CoA - Total Semiconductor
v.
Texas Instruments - UPC_CFI_132/2024
1. An order on security for costs pursuant to R. 158 RoP is a case management order. Such orders can be reviewed by the panel on its own motion or at the request of a party (R. 333 RoP).
2. If the judge-rapporteur or presiding judge issues an order on security for costs, the judge-rapporteur or presiding judge is not competent to decide on leave to appeal. Leave to appeal should be assessed by the panel after panel review.
The Court of Appeal revoked an order regarding the provision of a security which was issued by the judge-rapporteur and rejected leave to appeal. The CoA explained the system of panel-review and stated that leave to appeal could only be assessed by the panel, not the judge-rapporteur. The CoA referred the case back to the panel of the Mannheim Local Division.
Stichwörter
Composition of the Court, panel review