UPC CoA : 2 February 2026 : Legal remedy against a cost order for penalty payments is not an application for leave to appeal against cost decisons.
23-04-2026 Print this page
Appeal against order imposing penalties inadmissible. (Article 69 UPCA, Art. 82(4) UPCA, Rule 354.4 RoP).
Appealable decisions (Rule 220 RoP)
Orders imposing penalty payments do not fall under Article 73(2)(a) UPCA or Rule 220.1 RoP,
an appeal against such orders is only admissible if leave to appeal is granted according to Rule. 220.4 RoP.
This clarification is necessary because, unlike the typical procedural orders, this order is not necessarily issued in the course of ongoing proceedings prior to a final decision. It may also be, and typically is, issued after the main proceedings have been concluded.
Leave to appeal granted by first instance regarding confidentiality request (Rule 221 RoP) cannot be presumed to extend to the order imposing the penalty.
The Legal remedy against a cost order for penalty payments (Article 69 UPCA) is an appeal under R. 220.2 RoP and not an application for leave to appeal against cost decisions according to R. 221 RoP. (Rule 220.2 RoP, Rule 221 RoP).
Orders on costs, which concern both, the question of who bears the costs and the amount - are subject to the same legal remedy as the decision on the merits.
