A guide to the UPC and the UP - Flipbook - Page 80
Figure 5-3: Composition of Judicial Panels
Court of Appeal
For cases under art.9 UPR
or
(art.9(1) UPCA)
(art.9(2) UPCA)
Courts of First Instance
Local Division
MS where ≥ 50 cases
per year for the
last 3 years
N
MS where < 50 cases
per year for the
last 3 years
N
P
Regional Division
N
or
(art.8(3) UPCA)
P
N
Central Division
For cases
under
art.9 UPR
N
P
or
(art.8(4) UPCA)
(art. 8(6) UPCA)
P
(art.8(2) UPCA)
Legally qualified judges:
N
Judge is a national of the MS(s) where
the local/regional divisionis based.
P
Judge is not a national of the MS(s) where
the local/regional division isbased and is
instead allocated fromthe pool in
accordance withart.18(3) UPCA.
Judges on the panels of the central division
and the Court of Appeal arenationals of
different ContactingMember States.
Technically qualified judges:
Judge with experience in the relevant field
of technology allocated from the pool in
accordance with art.18(3) UPCA.
Judge with experience in the relevant
field of technology allocated from the
pool either at the request of the parties
or by the panel after hearing
submissions (art.8(5) UPCA) or by the
panel because the local or regional
division decides to proceed with both
the infringement actionas well as a
revocation counterclaim (art.33(3)(a)).
Judges’ Roles in Court Proceedings
Court of First Instance
5-51
113
The presiding judge, the judge-rapporteur and the standing judge all have the authority to
perform any act of the Court unless it is exclusively reserved to the panel or the President of
the Court of First Instance or Court of Appeal. 113
r.1(2) RoP.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 70
