UPC CoA, 19 June 2025: Rehearing rejected - only fundamental procedural defects can be the basis
02-09-2025 Print this page
Application for rehearing (R. 245 RoP, Article 81 UPCA)) rejected as not allowable.
The legislator has explicitly chosen that decisions by the Court of Appeal are to be final.
The literal wording of Art. 81(1) UPCA makes clear that a rehearing may exceptionally be granted only if the decision suffers from one of these serious deficiencies.
A rehearing is thus not a regular appeal proceeding, but an extraordinary legal remedy.
Only fundamental procedural defects can be the basis for a rehearing. Mere errors of any kind cannot be a ground for an application for rehearing.
A defect may only be considered fundamental if it can be established that without the defect the same decision would not have been taken.
The Court must consider all arguments brought forward by the parties, but it is, however, not required to explicitly and exhaustively address in its order or decision each and every argument advanced by a party in detail in the order or decision.
