A guide to the UPC and the UP - Flipbook - Page 448
deemed to be withdrawn. 129 This corresponds to an equivalent provision in German law. 130
The cross-appeal may be seen as a defensive measure and consequently it must
be lodged alongside the statement of response. The statement of cross-appeal
is otherwise inadmissible. 131
21-65 In view of these considerations, it is not possible to extend the legal action by means of
a cross- appeal against an additional defendant because the cross-appeal can only be
directed against the appellant.
Contents of Statement of Cross-appeal
21-66 Even though the statement of cross-appeal is a dependent legal remedy, it must meet the same
formal requirements as a statement of appeal. 132 The proceedings, including the examination
as to formal requirements of the statement of cross-appeal, the preliminary examination
of the statement of cross-appeal, and the challenge to the decision to reject a cross-appeal
as inadmissible 133 are followed mutatis mutandis. 134
Fees for Cross-appeals
21-67 Cross-appeals are treated in the same way as appeals as far as the fee is concerned. 135
Reply to Statement of Cross-appeal
21-68 The appellant is entitled to reply to the grounds of appeal which substantiate its opponent’s
cross-appeal. The reply must be lodged within either two months or 15 days of service of the
statement of cross-appeal depending on whether the appeal (and cross-appeal) are of a final
decision or of an order. 136
Closure of the Written Procedure
21-69 The judge-rapporteur will close the written part of the proceedings upon the expiry of the
time limit for filing the statement of response or, if a cross-appeal has been made, on the
expiry of the time period for lodging a reply to the cross-appeal. 137 Unlike the RoP governing
the written procedure at first instance, there is no reference to the parties being able to file
further pleadings. 138 It is therefore assumed that the statements of appeal, grounds of
appeal and response will, unless there is a cross-appeal, be the only pleadings allowed
before the Court of Appeal.
21-70 As soon as practicable after the service of the response, the judge-rapporteur will, after
consulting the parties, set a date and time for an interim conference, where necessary,
and set a date for the oral hearing, for which there might be one alternative given. 139
129
130
131
132
133
134
135
136
137
138
139
r.237(5) RoP.
See s.524(4) German Code of Civil Procedure.
r.237(3) RoP.
r.237(2) RoP in conjunction with rr.225 and 226 RoP.
rr.229, 233 and 234 RoP.
r.237(2) RoP.
r.237(4) RoP in conjunction with r.228 RoP.
r.238 RoP.
r.239(1) RoP.
rr.12(5) and 36 RoP.
r.238(3) RoP states that r.28 RoP on further scheduling applies mutatis mutandis.
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A Guide to the UPC and the UP 438
