UPC CoA 651/2024

At the UPC: TOTAL SEMICONDUCTOR, LLC (8 cases)·Texas Instruments Group (39 cases)

• 2025-01-14
  Request for a discretionary review (RoP 220.3)Public

  Summary: 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.

  Show the legal issues (3)

  • Security for costs (R. 158 RoP, Art. 69(4) UPCA)
  • Competence of judge-rapporteur vs. panel for leave to appeal
  • Panel review (R. 333 RoP)
• 2024-11-27
  Request for a discretionary review (RoP 220.3)Public

  Summary: 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.

  Show the legal issues (3)

  • 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