Casalonga UPC rules of procedure
Powered by Casalonga

Rule 234Challenge to the decision to reject an appeal as inadmissible

1. The appellant may challenge a decision to reject the appeal as inadmissible under Rules 224.1 [1] or 233.2 [2] within one month of service of the decision, without providing new grounds of appeal.

2. The action shall be assigned to a panel according to Rule 345.3 [3] and .8 [4]

3. If a decision to reject an appeal as inadmissible is set aside, the appeal shall take its normal course.
...
Please login to continue reading.


Registering with the site

You have requested to take part in a forum reserved for registered visitors.

Personal identifiers

Enter your personal information here. You will receive a registration confirmation shortly by email. Such email may have been considered as spam. If you do not find it in your inbox nor in your spam, please send an email to contact@upc-casalonga.eu.

(Your password must contain at least 6 characters.)

Required fields are indicated with a « * »


New visitor ?

Subscribe


[1-
1. A Statement of appeal shall be lodged by the appellant:
(a) within two months of service of a decision referred to in Rule 220.1(a) and (b); or
(b) within 15 days of service of an order referred to in Rule 220.1(c) or a decision referred to in Rule 220.2 or 221.3.

[2-
2. If the Statement of grounds of appeal does not comply with the requirements of Rule 226, the judge-rapporteur shall give the appellant leave to amend the Statement of grounds of appeal within such period as he may decide. If the appellant fails to amend the Statement within such period the judge-rapporteur may reject the appeal as inadmissible. He shall give the appellant an opportunity to be heard beforehand.
Grounds of appeal which are not raised within the period specified for the Statement of grounds of appeal in Rule 224.2.

[3-
3. The actions pending in the division, the seat of the central division or one of its sections shall be assigned to the panels by the Registrar following an action-distribution-scheme established by the presiding judge of each local or regional division, the seat of the central division and its sections (being the judge appointed by the Presidium as the presiding judge) for the duration of one calendar year, preferably distributing the actions according to the date of receipt of the actions at the division or section.

[4-
8. Paragraphs 1 to 6 shall apply mutatis mutandis to the Court of Appeal; the President of the Court of Appeal exercising the respective functions.