Rule 357 – Decision by default (Court of Appeal)

1. Rules 355 and 356 shall apply mutatis mutandis, in particular where a respondent on whom a Statement of appeal and a Statement of the grounds of appeal have been duly served fails to lodge a Statement of response or where a party fails to file a Reply to a Statement of Cross-Appeal or translations ordered by the judge-rapporteur.

2. When considering whether to give a decision by default, the Court of Appeal may consider the merits of the appeal.

3. Rules 355 and 356 shall apply mutatis mutandis where the appellant fails to correct the deficiencies or to pay the fee pursuant to Rule 229.4 or to lodge the translations pursuant to Rule 232.1 within the period specified.

Case Law:

IPPT20241128, UPC CoA, Amycel
Appeal closed by a decision by default against appellant because of failure to pay regular fee (R. 357 RoP, R. 378 RoP, R. 378A RoP). The request to waive the additional fee ordered in the Order issued on 7 November 2024 denied; The Application for legal aid denied; The Appellant bears the costs of the appeal proceedings. The Application for legal aid is inadmissible. According to R.378A RoP, to be admissible, the application must contain a statement regarding the economic and financial situation of the applicant. The documents named in R.378A.1 (a) to (d) RoP shall be attached. The appellant has limited himself to declaring that he is a farmer from […] and that he cannot bear the costs of court fees without incurring financial hardship