2024-12-02 - CoA - Anonymisiert (vertr. Michal PRZYLUSKI) v. Amycel - UPC_CoA_490/2024
- Aktenzeichen:
- UPC_CoA_490/2024
- Datum:
- Spruchkörper:
- Court of Appeal - Luxembourg (LU)
- Art:
- Application Order
- Parteien:
- REDACTED PARTY v. Amycel LLC
Kernaussage: The Court of Appeal entered a decision by default against the Appellant in an appeal against a PI issued by the Hague Local Division.
2024-12-02 - CoA - Anonymisiert (vertr. Michal PRZYLUSKI)
v.
Amycel - UPC_CoA_490/2024
notable
The Court of Appeal entered a decision by default against the Appellant in an appeal against a PI issued by the Hague Local Division. The Appellant had paid only 60 % of the regular court fee, declaring micro-enterprise status under R. 370.8(a) RoP, but then retreated to claiming small-enterprise status and failed to provide the specific turnover and headcount figures required by Title I of Recommendation 2003/361/EC. The Court held that the declaration was therefore incorrect and applied the R. 370.8(d)(ii) sanction of ordering payment of the regular fee plus an additional 50 % as a penalty. The Appellant's last-minute legal-aid application was dismissed as inadmissible under R. 378A RoP for lack of the required statement and documents on the applicant's economic situation. Because the Appellant paid neither the balance of the regular fee nor the penalty fee within the deadline, a decision by default was entered under R. 355.1(a), R. 357.3 and R. 370.8(e) RoP, closing the appeal and requiring the Appellant to bear the costs.