UPC CoA 486/2023

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.

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.

German-language version of the same CoA standing judge order of 11 January 2024 granting Netgear's request for discretionary review and permitting appeal of the JR's 11 December 2023 order.