Rule 285 – Powers of attorney

1. A representative who claims to be representing a party shall be accepted as such provided however the Court may order a representative to produce a written authority if his representative powers are challenged.

2. In the event of a successful challenge to a representative’s authority pursuant to paragraph 1 the Court may make an order pursuant to Rule 291.

Case Law

Court of Appeal

IPPT20250626, UPC CoA, Easee v Visibly
Outstanding issue regarding competence of law firm (Article 48 UPCA, R. 285 RoP) to file the appeal and the application for suspensive effect regarding the Easee companies in view of the insolvency of both entities having formally declared insolvent at the time when these motions were filed.

IPPT20240918, UPC CoA, Volkswagen v NST

No evidence of disputed valid power of attorney of a UPC representative required in the absence of any substantiated reasons why the actual existence thereof should be called into question (Article 48 UPCA, Rule 285 RoP).

Court of First Instance

IPPT20250626, UPC CFI, LD Hamburg, Visibly v Easee
If a party is declared insolvent the parties’ representatives are still able to file the stay application under Rule 311.1 RoP.