A guide to the UPC and the UP - Flipbook - Page 449
Interim Procedure
21-71 The interim procedure provides for a period for the judge-rapporteur to make all necessary
preparations for the oral hearing. The procedure before the Court of Appeal is similar to the
procedure at first instance. 140 To this end, r.239(1) RoP explicitly provides that the provisions
for the interim procedure at first instance set out in rr.101 to 110 RoP apply mutatis mutandis.
These refer, inter alia, to holding an interim conference if necessary 141 and to the
preparation for an oral hearing. 142 The judge-rapporteur’s powers and duties are the
same as provided for at first instance.
21-72 As soon as the judge-rapporteur considers that the appeal is ready for the oral hearing,
the parties are summoned to the oral hearing. 143 The rules on doing so mirror those at
first instance to a significant extent:
–
The requirement to give at least two months’ notice to the parties of the oral hearing
upon closure of the interim procedure is restated in r.239(2) RoP. This is the same
notice period as that given at first instance;
–
Summoning the parties to an oral hearing terminates the interim procedure and
simultaneously initiates the oral procedure. R.239(2) RoP may not be worded identically
to r.110(3) RoP, but it does match it in substance; and
–
Using identical language, rr.239(2) and 110(3) RoP deal with the transfer of management
of the action from the judge-rapporteur to the presiding judge.
21-73 However, there are a couple of instances in which the appellate interim proceedings differ from
the first instance interim proceedings:
–
There is a limited opportunity to introduce new subject-matter: r.239(1) RoP refers to r.222
RoP and therefore reiterates the requirement that on appeal, new requests, facts and
evidence will be disregarded unless the party seeking to introduce such new matter
persuades the Court otherwise, 144 and
–
A different procedure applies for appeals against orders: r.239(2) RoP provides that the
requirement of a default two month period between closure of the interim procedure and
the oral hearing does not apply to appeals against orders of whatever type. 145 This is
consistent with the shortened time line for dealing with such matters.
21-74 In urgent appeals, whether they relate to decisions on the merits or orders, the procedure can
be expedited and the two month default notice period between closure of the interim
procedure and the oral hearing can be shortened by the Court. 146 Such a provision is notably
absent in the otherwise parallel procedure provided for at first instance, 147 but this may be
explained by the fact that the Court of Appeal may have to deal with a number of urgent
matters, such as appeals against injunctions ordered following proceedings on the merits,
appeals against preliminary injunctions, or appeals against the ordering of saisies.
140
141
142
143
144
145
146
147
See chapter 13 (Interim Procedure).
rr.104 to 106 RoP.
rr.108 to 110 RoP.
r.239(2) RoP.
See paragraphs 21-19 and 21-20.
Whether they be orders relating to evidential matters referred to in r.220(1)(c) RoP where leave is not required for an appeal
or interlocutory orders where leave is required under r.220(2) RoP.
r.239(2) RoP refers to r.230(3) RoP which, following a chain of references, ultimately leads to r.9(3)(b) RoP which allows the
Court to shorten time periods. Such power also lies with the Court due to its general case management powers, particularly,
r.334(a) RoP.
r.108 RoP.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 439
