APL 59329/2024
—·EP2746957 +1 more: Intelligent interrupt distributor
- Case details
- Status—ActionAppealCategoryMain Appeal
- Parties
- RespondentsReps: Klaus Haft (Hoyng Rokh Monegier)
- Division
- Court of Appeal
- Judges
- Rian Kalden · Presiding Judge
- Ingeborg Simonsson · Legally Qualified Judge and Judge-rapporteur
- Patricia Rombach · Legally Qualified Judge
- Technology
- Computing & AI
- Language
- —
- First decided
- Nov 27, 2024
- Last decision
- Jan 14, 2025
- 2025-01-14Appeal decisionRequest for a discretionary review (RoP 220.3)
The Court of Appeal revoked the Mannheim Local Division's order on security for costs issued solely by the judge-rapporteur, finding that the judge-rapporteur was not competent to grant leave to appeal against such an order; the matter was referred back to the Court of First Instance for panel review.
Legal issues:Security for costs (R. 158 RoP, Art. 69(4) UPCA)Competence of judge-rapporteur vs. panel for leave to appealPanel review (R. 333 RoP) - 2024-11-27Appeal decisionRequest for a discretionary review (RoP 220.3)
Court of Appeal order on a request for discretionary review (R. 220.3 RoP) of a first-instance order requiring TOTAL SEMICONDUCTOR to provide security for costs of EUR 600,000 (R. 158 RoP), in which leave to appeal had been refused. The Court of Appeal examined whether a judge-rapporteur acting alone has competence to issue a security-for-costs order under R. 158 RoP and to refuse leave to appeal, or whether the full panel is required. The order resulted in a further procedural step inviting party submissions on this competence question.
Legal issues:Competence of judge-rapporteur to issue security-for-costs order (R. 158 RoP)Discretionary review (R. 220.3 RoP)Denial of leave to appeal by judge-rapporteur
- 812E66100A99A1DD2C001A02B116B6A2_en.pdf2024-11-27EN
- 03FDFDCE5E1D8F0EE6CA85D5D7809C1B_en.pdf2025-01-14EN