IPPT20250109, UPC CoA, EOFlow v Insulet
No need to adjudicate appeal by EOFlow from a denied joinder of provisional measures request after the Milan Local Division and the Milan Central Division issued their final decision rejecting Insulet´s applications for provisional measures (R. 360 RoP).
R. 360 RoP aplies not only when the action itself has become devoid of purpose, but also when the appeal has become devoid of purpose.
If the appellant has no legal interest in bringing appeal proceedings anymore, there is no reason to adjudicate on it. This means the appeal has become devoid of purpose. To have a legal interest in bringing appeal proceedings the appeal must be likely, if successful, to procure an advantage for that party.
