A guide to the UPC and the UP - Flipbook - Page 172
Introduction
11-01 The Court performs the functions assigned to it by the UPCA 1 and the UPCA Statute. 2
Details of the proceedings before the Court are laid down in the RoP which must comply
with the UPCA. 3 The RoP attempt to bring together the best practice and procedure from the
Contracting Member States; but whilst national systems can be examined to see how specific
procedures are used, the Court will develop its own practice following the RoP.
11-02 A summary of the Court’s procedure is included in this chapter and then the following
chapters describe the written, interim and oral procedure. 4 This chapter also describes the
principles which guide the Court and a number of general procedural provisions mostly found
in part 5 RoP, namely: the language regime; service; the calculation of time periods and what
happens if time periods are missed; and finally, when and how an action can be terminated
without a hearing or when it might be stayed.
General Principles
11-03 The UPCA contains a number of high-level principles concerning the duties of the Court.
The Court must deal with litigation in ways which are proportionate, fair and equitable. 5
All procedures must be organised in a flexible and balanced manner. 6
11-04 The RoP also guarantee these principles – they are repeated in the preamble to the RoP.
The decisions of the Court must be of the highest quality and proceedings must be
organised in the most efficient and cost effective manner. The RoP also aim to ensure a fair
balance between the legitimate interests of all parties and provide for the required level of
discretion of judges without impairing the predictability of proceedings for the parties. 7
Proportionality
11-05 The Court should deal with litigation in a way that is proportionate to its nature, importance
and complexity. 8 The principle of proportionality stems from EU law and is given primacy in
the UPCA. This general principle was developed through the case law of the CJEU 9 and has
now been recognised in the TEU. Art.5(4) TEU states that under the principle of proportionality,
the0content and form of an EU action shall not exceed what is necessary to achieve the
objectives of the TEU and the TFEU. Consequently, a court may not impose obligations except
to the extent to which they are strictly necessary to attain the purpose of the measure.
There must be a reasonable relationship between the end and the means.
1
2
3
4
5
6
7
8
9
art.6(2) UPCA.
The UPCA Statute sets out the details of the organisation and functioning of the Court and is annexed to the UPCA. The UPCA
states that the Statute shall guarantee that the functioning of the Court is organised in the most efficient and cost-effective
manner and shall ensure equitable access to justice (art.40 UPCA).
art.41(1) UPCA.
chapters 12, 13 and 14 respectively.
art.42 UPCA.
art.52(1) UPCA.
art.41(3) UPCA.
art.42(1) UCPA. See also para.3 preamble to the RoP.
Fédération Charbonnière de Belgique v High Authority of the European Coal and Steel Community (C-8/55) ECLI:EU:C:1956:7;
Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel (C-11/70) [1970] ECR I-1125;
and R v. Minister of Agriculture, Fisheries and Food and Secretary of State for Health, ex parte: Fedesa and others (C-331/88) [1990]
ECR I-4023.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 162
