UPC CoA 486/2023

Vor dem UPC: Netgear Group (20 Verfahren)·Huawei Group (62 Verfahren)

• 2024-03-21
  Request for a discretionary review (RoP 220.3)Öffentlich

  Zusammenfassung: Order of the Court of Appeal (Panel 2) on a request for discretionary review under Rule 220.3 RoP. The appeal arose from a preliminary objection ruling in Huawei v. Netgear. The Court of Appeal laid down important procedural headnotes: (1) case management decisions of the judge-rapporteur cannot be directly appealed but must first be reviewed by the panel under Rule 333.1 RoP; (2) the judge-rapporteur's decision to deal with the preliminary objection in the main proceedings is such a case management decision; (3) rejection of a preliminary objection may be appealed with leave under Rule 220.2 RoP, optionally bypassing the panel review. The Court addressed the admissibility and scope of discretionary review.

  Rechtsfragen anzeigen (4)

  • Admissibility of direct appeal against case management decisions
  • Panel review under Rule 333.1 RoP as prerequisite to appeal
  • Discretionary review under Rule 220.3 RoP
  • Preliminary objection procedure
• 2024-01-11
  Application RoP 333Öffentlich

  Zusammenfassung: Court of Appeal standing judge (11 January 2024) allowed Netgear's request for discretionary review, permitting Netgear to appeal the CFI judge-rapporteur's order of 11 December 2023, holding that the JR could not himself decide on the admissibility of a R. 333 review application of his own decision. The case was referred to the President of the CoA for assignment to a panel.

  Rechtsfragen anzeigen (4)

  • Discretionary review (R. 220.3 / R. 333 RoP)
  • Admissibility of R. 333 application
  • Judge-rapporteur competence
  • Case management decision