A guide to the UPC and the UP - Flipbook - Page 203
11-154 The omitted act must be performed or completed together with the application for reestablishment within the time limits set out above. 278 Where the applicant fails to meet these
time limits, there shall be no grant of re-establishment of rights. 279
11-155 An application for re-establishment of rights is decided by way of an order from the Court, but
the other parties to the proceedings will have an opportunity to be heard beforehand. 280 There
is no right to appeal from an order rejecting such an application or from an order granting reestablishment of rights. 281
Other Reasons for Terminating Proceedings Without
a Hearing
Withdrawing a Case
11-156 The claimant may apply to withdraw its action at any time provided there is no final decision in
the action. 282 The Court will decide the application after hearing the other party before making
a decision. The application to withdraw will not be permitted if the other party has a legitimate
interest in the action being decided by the Court. 283
11-157 In the event that withdrawal is permitted, the Court must: 284
– Give a decision declaring the proceedings closed;
– Order the decision to be entered on the register; and
– Issue a costs decision.
11-158 The withdrawal of the action by the claimant does not affect any counterclaim in the action.
However, the Court may refer any counterclaim for revocation to the central division of
the Court. 285
Actions Bound to Fail or Manifestly Inadmissible
No Need to Adjudicate
11-159 If the Court finds that an action has become devoid of purpose and there is no longer any
reason to adjudicate on it, it may at any time dispose of the action by way of an order on
the application of a party or by its own motion after giving the parties an opportunity to
be heard. 286 This is essentially equivalent to art.113 Rules of Procedure of the General Court
of the EU. 287
278
279
280
281
282
283
284
285
286
287
r.320(4) RoP.
r.320(5), RoP.
r.320(6) RoP.
r.320(7) RoP.
r.265(1) RoP.
r.265(1) RoP.
r.265(2) RoP.
r.265(2) RoP.
r.360 RoP.
Rules of Procedure of the General Court (OJ No. L 105, 23.4.2015, p.1 to 66.) available at http://eur-lex.europa.eu/legalcontent/EN/TXT/PDF/?uri=CELEX:32015Q0423(01)&from=EN [Accessed 5 April 2023]. These have been amended in 2023 –
see https://eur-lex.europa.eu/legal-content/en/TXT/PDF/?uri=CELEX:32023Q0214(01) although no change has been made
to art 113 [Accessed 5 April 2023].
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 193
