UPC CoA 2/2025
—·EP3178578: WASTE INCINERATION PLANT AND PROCESS
- Case details
- Status—ActionAppealCategoryMain Appeal
- Parties
- ClaimantsRespondents
- Division
- Court of Appeal
- Judges
- —
- Language
- —
- First decided
- Jul 15, 2025
- 2025-07-15Appeal decisionAppeal RoP220.1
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.
Legal issues:Review of evidence preservation order (R.192-199 RoP)Urgency in evidence preservation versus provisional measuresRisk of evidence unavailability assessed by probabilityApplicant's duty of candour (R.192.3 RoP) - 2025-07-15Appeal decisionAppeal RoP220.1
French-language signed version of the Court of Appeal order in VALINEA v. TIRU. Identical in substance to the English version: VALINEA's application for review of the evidence preservation order was dismissed; the first-instance order in favour of TIRU was upheld.
Legal issues:Review of evidence preservation order (R.192-199 RoP)Urgency and risk of evidence unavailabilityDuty of candour
- ORDER_VALINEA%20v%20TIRU_2025-07-15_EN_version.pdf2025-07-15ENGLISH
- ORDER_VALINEA%20v%20TIRU_2025-07-15_FR_Signed_15.07.2025.pdf2025-07-15FRENCH