UPC CoA, 9 October 2024: discretionary review in appeal only possible if leave to appeal has been denied

Request for discretionary review in appeal (R. 220.3 RoP) only admissible, if leave to appeal against the impugned order is required (R.220.2 RoP) and the Court of First Instance refused to grant leave within 15 days of the order (R.220.3 RoP). Failure to indicate in the order for security that an appeal may be lodged in accordance with Article 73 of the Agreement and Rule 220.2 as required by R. 158.3 RoP cannot be that the unsuccessful party is deprived of its right to request leave to appeal an neither can the absence be understood as an implied leave to appeal. Instead, the unsuccessful party can still ask the Court of First Instance to grant leave to appeal by a separate decision.

IPPT20241009, UPC CoA, Suinno v Micrsoft