UPC CFI, LD Hamburg, 16 January 2025: withdrawal of action while appeal is pending
02-02-2025 Print this page
Withdrawal of action, pending appeal (R. 265 RoP).
If a case is pending before the court of appeal, the court of appeal has jurisdiction to decide on the admissibility of the applications for withdrawal.
However, the situation is different for the request for the determination of the costs to be refunded under Rules 150 RoP. This is currently still pending at first instance, with the result that the court of first instance still has jurisdiction to allow its withdrawal, in accordance with the rules on the procedure for the determination of costs before the Judge-Rapporteur. In any case,
Rule 265 RoP applies mutatis mutandis to the proceedings for the determination of costs, even if there is no explicit reference to that rule.
Since this is not a measure of the direction of proceedings under Rules 331 et seq. RoP, but a substantive decision within the original jurisdiction of the Judge-Rapporteur under Rule 156.2 RoP, the Judge-Rapporteur also has original and sole jurisdiction to allow the withdrawal.