UPC CoA, 17 June 2025: Inadmissible request to revisit earlier order of 21 May 2025 rejecting suspensive effect appeal
07-08-2025 Print this pageIPPT20250617, UPC CoA, Knaus Tabbert v Yellow Sphere
Inadmissible application (“Gegenvorstellung”) based on R. 9.1 RoP regarding the Court of Appeal’s order of 21 may 2025 in which the application for suspensive effect of the appeal against the impugned order was rejected (Article 74 UPCA, R. 223 RoP).
This provision relates to the Court's authority to issue procedural orders during ongoing proceedings. However, it does not give the Court the power to amend or revoke orders that conclude proceedings.
The right to an effective remedy under Article 47 of the Charter of Fundamental Rights of the European Union (CFREU) does not afford a right of access to a second level of adjudication but only to a court or tribunal.
