2026-10-22 - CoA - Applicant ***
- Datum:
- Spruchkörper:
- Court of Appeal - Luxembourg (LU)
- Art:
- Order of the President of the CoA of the UPC
- Parteien:
- Applicant ***
Kernaussage: An application to be re-entered on the list of entitled representatives under Art.
2026-10-22 - CoA - Applicant ***
An application to be re-entered on the list of entitled representatives under Art. 48(3) UPC Agreement requires convincing evidence that a previous application to be entered on the list of entitled representatives has been filed in the Court Management System (CMS) of the UPC, as it is and has been mandatory that all such applications be filed in the CMS, Rule 4.1 UPC Rules of Procedure (RoP).
routine
The President of the Court of Appeal rejected a petition for review of a Registrar's decision refusing to re-enter the applicant on the list of entitled representatives under Art. 48(3) UPCA. Because the applicant sought re-entry on the basis of an alleged earlier registration (Rules 16(4) and 17 et seq. EPLC Rules), he had to show convincingly that an application for registration had been filed in the CMS, which is mandatory under Rule 4.1 RoP. The applicant bears the burden of producing the evidence available to him, while the Registrar must search the CMS; an affidavit, a CMS standard-account acknowledgement and unchecked opt-out filings did not discharge that burden, and the Registrar's assessment showed no legal or factual error. A request for re-establishment of rights raised for the first time on review was rejected because, even if R. 320 RoP applied to the EPLC Rules, the six-month outer limit had long expired.
Stichwörter
EPLC Rules