A guide to the UPC and the UP - Flipbook - Page 444
Statement of Appeal
Content of the Statement of Appeal
21-48 R.225 RoP lists the compulsory contents of the statement of appeal, upon which
the admissibility of the appeal is contingent, as follows:
Checklist: Contents of the statement of appeal
Names of appellant and their legal representative; 84
Names of respondent and their legal representative; 85
Postal and electronic addresses of appellant and respondent for the purpose of service;
names of authorised persons to accept service; 86
Date of appealed decision/order and action number before the Court of First Instance; 87
Order or remedy sought by appellant (including any order as for expedition pursuant
to r.9(3)(b) RoP and reasons justifying such order). 88
21-49 Each requirement serves an important purpose: the names of the parties must be made
known to the Court of Appeal in order for it to determine the parties’ standing; the legal
representatives must be named in order to ensure compliance with the requirements of
legal representation; 89 and in order to ensure proper service of any documents during
the appeal proceedings, the appellant must provide a valid address or authorised recipient. 90
The requirement to provide detailed information about the Court of First Instance decision
helps the Court of Appeal to identify the decision in question. Finally, the appellant must
formulate its request for a remedy and a possible request for expedited proceedings so
that the Court can initiate appropriate measures.
Examination as to Formal Requirements of the Statement of Appeal
21-50 As soon as practicable after lodging the statement of appeal, the Registry will examine and
determine whether the appellant has satisfied the formal requirements in relation to lodging
the statement of appeal on time, the contents of the statement of appeal, the use of language
and the payment of the fee. 91 If the Registry finds that the requirements as to the content,
language and fee have not been met, it shall, as a first step, ask the appellant to correct any
deficiencies within 14 days. 92 If the appellant has not complied with the requirements within
the 14 day period the Registry shall, as a second step, inform the President of the Court of
Appeal who will then reject the appeal as inadmissible by a decision by default. 93
Although these are formal requirements the Registry still has a certain amount of
discretion which should mean that any information given in the statement of appeal is subject
to a common sense interpretation. For example, if the statement of appeal does not, explicitly,
name the parties to the appeal but they can be deduced from other facts in the statement of
appeal, r.225 RoP should be deemed to be satisfied. Although the Registry does not have to be
84
85
86
87
88
89
90
91
92
93
r.225(a) RoP.
r.225(b) RoP.
r.225(c) RoP.
r.225(d) RoP.
r.225(e) RoP.
r.8 RoP.
r.278 RoP.
r.229(1) referring to rr.224(1), 225, 227 and 228 RoP.
This time period is calculated as per r.300(e) and (f) RoP, thus pertaining to calendar days.
r.229(4) RoP.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 434
