UPC CoA, 27 November 2025: limited binding effect against intervener after withdrawal appeal

Like a claimant an appellant may also apply to withdraw an appeal (R. 265.1 RoP). 

Interest of an intervening party is not relevant. 

The intervener's appeal in this case is inadmissible pursuant to R. 360 RoP. If the intervener is prevented by the withdrawal of the main party's appeal from the scope of its appeal from bringing about a review of the first-instance decision in terms of fact and law, it may invoke this in any subsequent proceedings against both parties. 

In this respect, the intervener's binding effect under R. 316.3 RoP is limited. 

The binding effect of decisions against the intervener. can only apply insofar as the intervener is not restricted in its conduct of the proceedings.