Rule 316 – Invitation to intervene

1. The judge-rapporteur or the presiding judge may, of his own motion after hearing the parties, or on a reasoned request from a party, invite any person concerned by the outcome of the dispute to inform the Court, within a period to be specified, whether he wishes to intervene in the proceedings.

2. If the person wishes to intervene, he shall present his Application to intervene within one month of service of the invitation and his Statement in intervention within such further period to be specified by the judge-rapporteur or the presiding judge. Rules 313.3, .4, 314 and 315 shall apply mutatis mutandis.

3. An intervener shall be bound by the decision in the action.

Case Law

Court of Appeal

IPPT20251127, UPC CoA, Strabag v Swarco
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.