UPC Court of Appeal: Discretionary review

The defendant filed a Preliminary objection under Rule 19 of the Rules of Procedure. The judge-rapporteur informed the parties in accordance with R 20.2 RoP that the objection was to be dealt with in the main proceedings. A request for review by the panel was rejected by the judge-rapporteur as the notification was not a decision or order within the meaning of R 333.1 RoP. The successful appeal was directed against this rejection by the judge-rapporteur. The judge-rapporteur should not have decided alone on the request for review pursuant to R 333.1 RoP. The notification pursuant to R 20.2 RoP is based on a case management decision within the meaning of R 333.1 RoP and the request for review was therefore admissible. The impugned order was set aside and the case was referred back to the panel of the Munich Local Chamber (UPC 21.3.2024, CoA 486/2023).