Rule 243 – Referral back

1. The decision referring an action back to the Court of First Instance shall specify whether the same panel whose earlier decision or order is revoked shall deal further with the action or whether another panel shall be appointed by the presiding judge of the division concerned.

2. Where an action is referred back to the Court of First Instance, the Court shall be bound by the decision of the Court of Appeal and its ratio decidendi.

Relation with Agreement: Article 75

Case law

Court of First Instance

IPPT20250603, UPC CFI, LD Mannheim, Centripetal Limited v Palo Alto Networks
Ex parte order to preserve evidence and inspect premises after case is referred back by Court of Appeal (Article 60 UPCA, R. 192 RoP, R. 243 RoP). After referral back by the CoA, the court is bound by the order of the CoA (R. 243.2 RoP) as far as the CoA ruled on the addressed issues and orders as follows accordingly hereinafter. It is referred to the reasoning of the CoA’s order. As the CoA did not decide on the question whether or not the execution of the order - [...] - may only take place after defendant was informed [...], the CFI had discretion to decide under R. 196.3 RoP, whether immediate enforcement nonetheless is proportionate on the instant facts or whether the enforceability has to be put under further conditions. Justified to allow the defendant a limited time of two hours to be able to reach out to a lawyer of his choice to attend the setting up and monitoring as described hereinafter.