Casalonga UPC rules of procedure
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Rule 381Appeal

1. An order wholly or partly refusing or withdrawing legal aid may be appealed to the Court of Appeal. The appeal shall be filed with the Court of Appeal within a period of one month after receiving the order and satisfy the provisions of Rules 377 to 379. The President of the Court of Appeal shall appoint a panel which shall decide on the appeal having heard the applicant.
[Rule 377 [1] , Rule 377A [2] , Rule 378 [3] , Rule 378A [4] , Rule 379 [5]]

2. An application for legal aid to appeal a decision of the Court of First Instance shall be filed with the Court of Appeals and shall satisfy the provisions of Rules 377 to 379 [6] . The Application for legal aid to bring an appeal against a decision of the Court of First Instance shall be filed within the time limit provided for the appeal as specified i
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[1-
1. The applicant shall be entitled to apply for legal aid where:
(a) owing to his economic situation, he is wholly or partly unable to meet the costs referred to in Rule 376; and
(b) the action in respect of which the application for legal aid is made has a reasonable prospect of success, considering the applicant’s procedural position; and
(c) the claimant applying for legal aid is entitled to bring actions under Article 47of the Agreement.
2. The Administrative Committee may define thresholds above which legal aid applicants are deemed wholly or partly able to bear the costs of proceedings set out in Rule 376. These thresholds may not prevent applicants whose economic situation is above the thresholds from being granted legal aid if they prove that they are in fact unable to pay the costs of the proceedings referred to in Rule 376 as a result of the high level of the cost of living in the Contracting Member State of domicile or habitual residence.
3. When deciding on the grant of legal aid the Court shall, without prejudice to paragraph 1(a), consider all relevant circumstances including the importance of the action to the applicant and also the nature of the action when the application concerns a claim arising directly out of the applicant’s trade or self-employed profession.

[2-
1. When assessing a party’s financial situation, his income and assets must be taken into account.
2. Income shall include all earnings in money or equivalent value after deducting all costs required by the applicant and dependent persons in order to cover their reasonable living expenses (disposable income).
3. The Administrative Committee shall define the deductions from income and assets to be taken into account when assessing the applicant’s financial situation. It shall also define levels of monthly installments to be paid by the applicant. All thresholds set by the Administrative Committee shall be adapted regularly to price and income indices.

[3-
1. An application for legal aid may be lodged before or after proceedings have been started before the Court.
2. The Application for legal aid shall contain in a language of a Contracting Member State:
(a) the name of the applicant;
(b) postal and electronic addresses for service on the applicant and the names of the persons authorized to accept service;
(c) the name of the other party as well as postal and electronic addresses for service on the other party where available and the names of the persons authorized to accept service, if known;
(d) the action number of the action in respect of which the application is made or, where the application is lodged before the action has been brought, a brief description of the action;
(e) an indication of the value of the action and the costs to be covered by legal aid;
(f) where legal aid is requested for costs of legal assistance and representation, the name of the proposed representative;
(g) an indication of the applicant’s financial resources, such as income, assets and capital, and of the applicant’s family situation including an assessment of the resources of persons who are financially dependent on the applicant;
(h) where appropriate, a reasoned request for suspension of a time limit which would otherwise need to be observed until the date of notification of the order deciding on legal aid.
3. The application for legal aid must be supported by:
(a) evidence of the applicant’s need for assistance, such as certificates attesting his income, assets and capital and family situation; and
(b) where the application is lodged before the action has been brought, an indication of the evidence in support of the action.
4. In the event of an appeal, a new application shall be lodged.
5. Rule 8 shall not apply.

[4-
1. To be admissible, the application must contain a statement of the facts and legal situation, with specific mention of the evidence to be presented. The application must also contain a statement regarding the economic and financial situation of the applicant. The following documents shall be attached to the application:
(a) latest property and income declarations of the applicant;
(b) a document showing the personal monthly income for the previous year, or a declaration of unemployment delivered by the competent authorities, or a certificate proving that the applicant is receiving aid or financial support under a social welfare scheme;
(c) a certificate of composition of household;
(d) any other official document that can provide proof of the financial situation of the applicant.
2. Where appropriate, a certificate relating to the income of other members of the household of the applicant should also be attached to the application. The official documents shall not be older than 3 months. At the request of the Court, the applicant shall produce further documentation and, if so requested, an affidavit of the truthfulness of his statements, otherwise the application will not be admissible.

[5-
1. The Registry shall examine the formal admissibility of the application for legal aid and the conditions regarding the financial situation of the applicant pursuant to Rules 377.1(a), .2 and 377A.
2. If the requirements referred to in Rules 377.1(a) , .2 , 377A , 378 and 378A have not been met, the applicant shall, as soon as practicable, be invited to correct the deficiencies within 14 days.
3. If the requirements referred to in Rules 377.1(a) , .2, 377A, 378 and 378A have been met or the applicant fails to correct a deficiency, the decision on such application shall be taken, by way of order, by the judge-rapporteur or, where the application is lodged before the action has been brought, by the standing judge.
4. Before making a decision on an application for legal aid, the Court shall invite the other party to submit written observations unless it is already apparent from the information submitted that the conditions referred to in Rule 377.1(b) have not been met. Documents regarding the economic and financial situation of the applicant shall be made accessible to the other party only where the applicant has consented or the applicant’s refusal of consent is unreasonable or in the view of the Court the other party has a right to information on the economic or financial situation of the applicant.
5. An order refusing legal aid shall state the reasons on which it is based.
6. An order granting legal aid may provide for:
(a) an exemption, wholly or partly, from Court fees;
(b) an interim amount to be paid to enable the applicant and/or the representative of the applicant to meet any request of the judge-rapporteur or standing judge prior to making a final order;
(c) an amount to be paid to the representative of the applicant or a limit which the representative’s disbursements and fees may not exceed;
(d) a contribution to be made by the applicant to the costs referred to in Rule 376.1(c)
7. Legal aid may be granted only for the period from receipt of the application with the Court.
8. Where the legal aid covers, in whole or in part, the costs of legal assistance and representation the order granting legal aid shall designate the representative of the applicant.
9. On a request by the designated representative, the Court may order that an amount shall be paid by way of advance.
10. Where requested by the applicant in accordance with Rule 378.2(h), the Court shall decide on the suspension of any time limit.

[6-
1. The applicant shall be entitled to apply for legal aid where:
(a) owing to his economic situation, he is wholly or partly unable to meet the costs referred to in Rule 376; and
(b) the action in respect of which the application for legal aid is made has a reasonable prospect of success, considering the applicant’s procedural position; and
(c) the claimant applying for legal aid is entitled to bring actions under Article 47of the Agreement.
2. The Administrative Committee may define thresholds above which legal aid applicants are deemed wholly or partly able to bear the costs of proceedings set out in Rule 376. These thresholds may not prevent applicants whose economic situation is above the thresholds from being granted legal aid if they prove that they are in fact unable to pay the costs of the proceedings referred to in Rule 376 as a result of the high level of the cost of living in the Contracting Member State of domicile or habitual residence.
3. When deciding on the grant of legal aid the Court shall, without prejudice to paragraph 1(a), consider all relevant circumstances including the importance of the action to the applicant and also the nature of the action when the application concerns a claim arising directly out of the applicant’s trade or self-employed profession.

 
1. An application for legal aid may be lodged before or after proceedings have been started before the Court.
2. The Application for legal aid shall contain in a language of a Contracting Member State:
(a) the name of the applicant;
(b) postal and electronic addresses for service on the applicant and the names of the persons authorized to accept service;
(c) the name of the other party as well as postal and electronic addresses for service on the other party where available and the names of the persons authorized to accept service, if known;
(d) the action number of the action in respect of which the application is made or, where the application is lodged before the action has been brought, a brief description of the action;
(e) an indication of the value of the action and the costs to be covered by legal aid;
(f) where legal aid is requested for costs of legal assistance and representation, the name of the proposed representative;
(g) an indication of the applicant’s financial resources, such as income, assets and capital, and of the applicant’s family situation including an assessment of the resources of persons who are financially dependent on the applicant;
(h) where appropriate, a reasoned request for suspension of a time limit which would otherwise need to be observed until the date of notification of the order deciding on legal aid.
3. The application for legal aid must be supported by:
(a) evidence of the applicant’s need for assistance, such as certificates attesting his income, assets and capital and family situation; and
(b) where the application is lodged before the action has been brought, an indication of the evidence in support of the action.
4. In the event of an appeal, a new application shall be lodged.
5. Rule 8 shall not apply.

 
1. The Registry shall examine the formal admissibility of the application for legal aid and the conditions regarding the financial situation of the applicant pursuant to Rules 377.1(a), .2 and 377A.
2. If the requirements referred to in Rules 377.1(a) , .2 , 377A , 378 and 378A have not been met, the applicant shall, as soon as practicable, be invited to correct the deficiencies within 14 days.
3. If the requirements referred to in Rules 377.1(a) , .2, 377A, 378 and 378A have been met or the applicant fails to correct a deficiency, the decision on such application shall be taken, by way of order, by the judge-rapporteur or, where the application is lodged before the action has been brought, by the standing judge.
4. Before making a decision on an application for legal aid, the Court shall invite the other party to submit written observations unless it is already apparent from the information submitted that the conditions referred to in Rule 377.1(b) have not been met. Documents regarding the economic and financial situation of the applicant shall be made accessible to the other party only where the applicant has consented or the applicant’s refusal of consent is unreasonable or in the view of the Court the other party has a right to information on the economic or financial situation of the applicant.
5. An order refusing legal aid shall state the reasons on which it is based.
6. An order granting legal aid may provide for:
(a) an exemption, wholly or partly, from Court fees;
(b) an interim amount to be paid to enable the applicant and/or the representative of the applicant to meet any request of the judge-rapporteur or standing judge prior to making a final order;
(c) an amount to be paid to the representative of the applicant or a limit which the representative’s disbursements and fees may not exceed;
(d) a contribution to be made by the applicant to the costs referred to in Rule 376.1(c)
7. Legal aid may be granted only for the period from receipt of the application with the Court.
8. Where the legal aid covers, in whole or in part, the costs of legal assistance and representation the order granting legal aid shall designate the representative of the applicant.
9. On a request by the designated representative, the Court may order that an amount shall be paid by way of advance.
10. Where requested by the applicant in accordance with Rule 378.2(h), the Court shall decide on the suspension of any time limit.