A guide to the UPC and the UP - Flipbook - Page 455
Contents of the Application for Rehearing
21-100 The application for a rehearing must contain the following: 186
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The names of the petitioner and of the petitioner’s representative;
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Postal and electronic addresses for service on the petitioner and the names
and addresses of the persons authorised to accept service;
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An indication of the decision to be reviewed; and
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The reasons for setting aside the final decision and the facts and evidence relied upon.
Fee for the Rehearing
21-101 The fee for the rehearing is €2,500. 187 The request for rehearing shall not be deemed to
have been lodged until the fee has been paid. 188 Regardless of the basis for the request
for rehearing, 189 the Court may waive payment of the fee. 190
Formal Requirements and Examination of the Application for Rehearing
21-102 If the requirements relating to time limits, the contents of the application and the payment
of the correct fee are not complied with, the Registry shall invite the petitioner to correct
such deficiencies within 14 days. 191
21-103 If the petitioner fails to do so, the Registry shall inform the President of the Court of Appeal who
shall assign the case to the standing judge. 192 The standing judge may reject the application
after first giving the petitioner an opportunity to be heard. If the application meets the formal
requirements, the Registry shall record the application in the register, serve copies of the
application on all other parties and inform the President of the Court of Appeal that a
request for rehearing has been lodged. A panel of three legally qualified judges will be
assigned the action. The President of the Court of Appeal may order that those on the
panel should not have participated in taking the decision to be reviewed. 193
21-104 After hearing the parties, the panel will decide by majority vote to reject the application as
not allowable or to allow the application. In the latter case, there is no reference to the
decision being by majority, but such a rule must apply as there is no mention that there
should be unanimity. If a rehearing is allowed, the decision under review will be set aside
or suspended, in whole or in part, and proceedings shall be reopened for a new hearing
and decisions, and the panel will give directions as to the future conduct of the proceedings. 194
186
187
188
189
190
191
192
193
194
r.246 RoP.
rr.250, 370(1) and 370(4)(j) RoP.
r.15(2) RoP applies mutatis mutandis.
art.81(1)(a) or (b) UPCA.
r.250 RoP.
rr.253(1) and (2) RoP.
rr.345(5) and (8) RoP.
r.254 RoP.
r.255(b) RoP.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 445
