1. Key takeaways
Case management orders, such as orders concerning security for costs, require panel review before appeal
R. 333.1 RoP mandates that case maagement orders issued by the judge-rapporteur (e.g. security for costs orders) must be reviewed by the panel of the CFI before an appeal to the CoA is admissible:
- Judge-rapporteur's decision to grant leave to appeal does not override this requirement or create a legitimate expectation of admissibility.
- CoA has a duty to examine the admissibility of appeals on its own motion.
Referral to the full Court of Appeal is reserved for cases of exceptional importance with potential impact on case law consistency, R. 238A RoP.
2. Division
Court of Appeal
3. UPC number
UPC_CoA_430/2025, APL_23093/2025, ORD_31690/2025
4. Type of proceedings
Appeal RoP 220.2
5. Parties
Appellant (Defendant in the main proceedings before CFI): CHINT NEW ENERGY TECHNOLOGY CO., LTD.
Respondent (Claimant in the main proceedings before CFI): JINGAO SOLAR CO., LTD.
6. Patent(s)
EP 2 787 541
7. Body of legislation / Rules
R. 158 RoP, R. 333.1 RoP, R. 238A RoP
CoA, July 9, 2025, order, UPC_CoA_430_2025
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
