Casalonga UPC rules of procedure
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Version: 20 June 2013

ARTICLE 75Decision on appeal and referral back

(1) If an appeal pursuant to Article 73 [1] is well-founded, the Court of Appeal shall revoke the decision of the Court of First Instance and give a final decision. The Court of Appeal may in exceptional cases and in accordance with the Rules of Procedure refer the case back to the Court of First Instance for decision.

(2) Where a case is referred back to the Court of First Instance pursuant to paragraph 1, the Court of First Instance shall be bound by the decision of the Court of Appeal on points of law.
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[1-
(1) An appeal against a decision of the Court of First Instance may be brought before the Court of Appeal by any party which has been unsuccessful, in whole or in part, in its submissions, within two months of the date of the notification of the decision.
(2) An appeal against an order of the Court of First Instance may be brought before the Court of Appeal by any party which has been unsuccessful, in whole or in part, in its submissions:
(a) for the orders referred to in Articles 49(5), 59 to 62 and 67 within 15 calendar days of the notification of the order to the applicant ;
(b) for other orders than the orders referred to in point (a):
(i) together with the appeal against the decision, or
(ii) where the Court grants leave to appeal, within 15 days of the notification of the Court’s decision to that effect.
(3) The appeal against a decision or an order of the Court of First Instance may be based on points of law and matters of fact.
(4) New facts and new evidence may only be introduced in accordance with the Rules of Procedure and where the submission thereof by the party concerned could not reasonably have been expected during proceedings before the Court of First Instance.