2026-07-17 - CoA - Lionra Technologies v. Cisco Systems - UPC_CoA_360/2025

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Court of Appeal permitted Lionra to withdraw its appeal under R. 265.1 RoP after the parties settled out of court on the eve of the scheduled oral hearing, the respondent having expressly disclaimed any legitimate interest in a decision on the merits, and held that Cisco's cross-appeal was thereby deemed withdrawn by operation of R. 237.5 RoP. Although R. 265.2(c) RoP provides for a cost decision on withdrawal, none was required because both parties had waived cost applications. On court fees, the Court applied its settled intertemporal rule that the applicable version of R. 370.9 RoP is fixed by the date on which the withdrawal application is filed — not the date the action or appeal was brought — because it is the withdrawal that first triggers the reimbursement claim. Since the amendments in force from 1 January 2026 deleted the former 20% refund for withdrawal before close of the oral procedure, and the current rule grants a refund only where withdrawal precedes close of the written procedure, an appellant settling at the hearing stage now recovers nothing. The Court rejected the legal-certainty objection, holding that there is no general principle entitling an individual to rely on the complete absence of legislative change and that the abolition of the refund did not disproportionately impair the appellant's procedural rights.

Quelle und Fundstellen

Quelle: UPC Website

Aktenzeichen: UPC_CoA_360/2025