UPC CoA, 11 february 2026: Grant of PO not ending proceedinsg appealable under R. 220.1 RoP
21-03-2026 Print this page
Appeal against order judge-rapporteur granting preliminary objection but not ending the proceedings admissible under R. 220.1 RoP. (Article 73 UPCA)
An order granting a preliminary objection that does not end the proceedings is not a decision granting the preliminary objection in the sense of Rule 21.1 RoP. An order of the judge-rapporteur granting the preliminary objection but not terminating the proceedings in respect of one of the parties is neither a "decision" granting the preliminary objection within the meaning of the first sentence of Rule 21.1 RoP, nor is it an order that "rejects" the preliminary objection within the meaning of the second sentence of Rule 21.1 RoP. In the case of such an order, which does not fall within any of the grounds for appeal referred to in Article 73(1) and 73(2)(a) UPCA or Rule 220.1 of the RoP, the provisions of the second sentence of art. 21.1 of the RoP must apply by analogy.
Request for suspensive effect denied (R. 295(m) RoP): translation time following the drafting (in vain) of a submission is not an extraordinary circumstance that justifies suspension of the first instance proceedings.
