UPC CoA 486/2023

At the UPC: Netgear Group (20 cases)·Huawei Group (62 cases)

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

  Summary: 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.

  Show the legal issues (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 333Public

  Summary: 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.

  Show the legal issues (4)

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