2026-07-03 - CoA - Rematec v. Forestry - UPC_CoA_302/2025; UPC_CoA_305/2025

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Court of Appeal rejected Rematec's R. 333 RoP application for panel review of a rapporteur's order that had refused to refer Rematec's cost-determination application from the Court of Appeal to the Court of First Instance while preserving the original Court-of-Appeal filing date. Reaffirming its Hanshow v VusionGroup line, the Court held that cost-determination proceedings (R. 150 ff. RoP) always commence at the Court of First Instance — even where the costs relate exclusively to the appeal and the application follows a Court-of-Appeal decision — because R. 157 and R. 221 RoP presuppose a first-instance cost decision that can itself be appealed. The Court found the R. 333 application admissible (a rapporteur's non-terminating procedural measure is a reviewable case-management order) but unfounded, and confirmed that R. 151 RoP conforms to Art. 69 UPCA and EU law, with no basis for a CJEU reference on the strength of Art. 47 of the Charter alone.

Quelle und Fundstellen

Quelle: UPC Website

Aktenzeichen: UPC_CoA_302/2025; UPC_CoA_305/2025