A guide to the UPC and the UP - Flipbook - Page 446
Statement of Grounds of Appeal
21-55 The statement of appeal can either be directed against the decision in its entirety, or only
in part. 109 This must be made clear not only in the reasons for the appeal but also in the
relief sought. An appeal (partial or full) can only be lodged if the party is adversely affected
by the first instance decision. 110 Notably, a partial appeal also requires that the underlying
decision in general is factually and/or legally subject to appeal.
21-56 The requirements of the contents of the statement of grounds of appeal
are determined by r.226 RoP and are as follows:
Checklist: Contents of the statement of appeal
Indication of the parts of the decision/order that are contested; 111
Reasons for setting aside the contested decision/order; 112
Indication of the facts and evidence on which the appeal is based. 113
21-57 The appeal can address the fact-finding as well as the legal reasoning of the appealed
decision but there is very little scope to introduce new facts, evidence or requests. 114 The RoP
do not envisage the proceedings being re-opened to allow a further exchange of facts and
evidence between the parties but rather to force them to present all the facts and evidence
already submitted before the Court of First Instance. If the appellant still wants to rely on
new facts, it must thus generally justify why such facts or evidence could not be pleaded
in the first instance.
Preliminary Examination of the Statement of Grounds of Appeal
21-58 Before the statement of grounds of appeal is served upon the respondent, the judgerapporteur examines whether it satisfies the requirements of r.226 RoP. If the statement of
grounds of appeal is found not to comply, the appellant is given leave to amend it and if it is
not amended within the set period, it is in the discretion of the judge-rapporteur to reject the
appeal as inadmissible. Before formally issuing a decision to reject the appeal as inadmissible,
the appellant must be heard. 115
21-59 Decisions to reject the appeal as inadmissible by the judge-rapporteur can be challenged by
the appellant within one month of service. 116 The appellant may only challenge the decision
to reject the appeal without providing new grounds of appeal. 117 If the panel sets aside the
decision to reject an appeal as inadmissible, the appeal takes its normal course. 118
109
110
111
112
113
114
115
116
117
118
art.73(1) UPCA.
r.220(1) RoP.
r.226(a) RoP.
r.226(b) RoP.
r.226(c) RoP.
arts 73(3) and (4) UPCA and r.222 RoP. See paragraphs 21-19 and 21-20.
rr.233(1) and (2) RoP.
r.234(1) RoP.
r.234(1) RoP.
r.234(3) RoP.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 436
