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UPC CoA 2/2025

EP3178578 · WASTE INCINERATION PLANT AND PROCESS

Case details
Status
—
Action
Appeal
Category
Main appeal
Parties
Claimants
Representatives
Respondents
Representatives
Division
Court of Appeal
Judges
—
Technology
  • Chemistry
    Environmental technology
Language
—
First decided
Jul 15, 2025
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At the UPC: VALINEA ENERGIE SASU (10 cases)·TIRU SAS (18 cases)

Decisions
  • 2025-07-15
    Appeal RoP220.1Public

    Summary: Court of Appeal order concerning VALINEA's application for review of an order to preserve evidence granted to TIRU at first instance. The CoA upheld the first-instance order, confirming that: the time taken to file the application for evidence preservation did not undermine urgency; the risk of unavailability of evidence was assessed by probability not certainty; and the applicant's duty of candour was not violated. The appeal by VALINEA was dismissed.

    Show the legal issues (4)
    • Review of evidence preservation order (R.192-199 RoP)
    • Urgency in evidence preservation versus provisional measures
    • Risk of evidence unavailability assessed by probability
    • Applicant's duty of candour (R.192.3 RoP)
Documents
  • ORDER_VALINEA%20v%20TIRU_2025-07-15_EN_version.pdf2025-07-15EN
  • ORDER_VALINEA%20v%20TIRU_2025-07-15_FR_Signed_15.07.2025.pdf2025-07-15FR