UPC CoA, 26 May 2025: Can an intervening party apply for suspensive effect of appeal?
13-08-2025 Print this pageIPPT20250526, UPC CoA, Strabag v Swarco
Application by intervener Chainzone for suspensive effect of appeal rejected (R. 223 RoP, R. 315 RoP).
It can be left open whether the intervener is entitled to file an application for suspensive effect of the appeal and in particular whether Chainzone has a legal interest in having the enforcement suspended. It can also be left open whether the admissibility of the application is precluded by the fact that Strabag has already unsuccessfully applied for suspensive effect.
Chainzone has failed to (sufficiently substantiated) demonstrate manifest errors in the impugned order or an infringement of fundamental procedural rights on which the decision is based.
