A guide to the UPC and the UP - Flipbook - Page 490
Review
A23-26 R.17 EPLC Rules provides that decisions of the Registrar regarding the entry of individuals onto
the list of representatives may be challenged. To challenge such a decision r.18 EPLC Rules
provides that a petition for review indicating reasons for setting aside the decision must be filed
in writing with the Registrar within one month of the challenged decision. The EPLC Rules do
not make it clear who may file a petition. However, the explanatory memorandum explains that
it cannot be done by a third party as they have no direct and personal interest in challenging
the Registrar’s decisions. Third parties are, however, free to submit relevant information related
to the petition (e.g. in the case of fraud).
A23-27 If, having considered the petition, the Registrar considers it to be admissible and well founded,
he may rectify the decision within one month of the petition being filed. Otherwise, r.19 EPLC
Rules provides that he shall forward it to the President of the Court of Appeal to decide on the
matter. The President of the Court of Appeal will examine the petition if it is admissible under
rr.17 and 18 EPLC Rules and if he decides that it is allowable, he shall alter the Registrar’s
decision. Otherwise, he shall reject it.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 480
