Written, interim and oral procedures

2018 ◽  
Author(s):  
Andreas von Falck ◽  
Stephan Dorn
Keyword(s):  
Court Of First Instance ◽  
Court Of Appeal ◽  
Appeal Procedure

The main proceedings before the UPC consist of three procedural steps: the written procedure, the interim procedure, and the oral hearing. According to Rule 10 UPCARoP, all inter partes procedures before the Court of First Instance are divided into those three parts. The same applies for the appeal procedure before the Court of Appeal. The same structure, according to Rule 85 UPCARoP, is applicable for the proceedings in actions against a decision of the EPO concerning the EPO’s functions assigned to it pursuant to Art 9 EPUE Reg.

scholarly journals Tendencies of Development of Legislative Regulation Appeal in Civil Process

2020 ◽  
Vol 15 (4) ◽  
pp. 42-48
Author(s):  
E. Yu. Boyko
Keyword(s):  
Judicial System ◽  
Judicial Discretion ◽  
Civil Process ◽  
Legislative Regulation ◽  
The Law ◽  
Court Of First Instance ◽  
Court Of Appeal

The article is devoted to the directions of improvement of appeal proceedings in the civil process, identified in the analysis of legislation and practice of its application, in connection with the reform of the judicial system. The author not only considers the questions of implementation of the court of appeal of its powers, justifies the need for disclosure of criteria allowing the direction of the court of appeal the case for a new trial in the court of first instance, the limits of choice in the exercise of judicial discretion outside of the petition of appeal, the improvement of term of making a petition of appeal, eliminate of the term “appeal determination”, enshrined in the law of procedure of familiarization with the act court of appeal and its further complaints, but also indicates ways of solving them.

scholarly journals Novelties in the Civil Procedure of the Brčko District of Bosnia and Herzegovina

2005 ◽  
Vol 77 (10) ◽  
pp. 558-569
Author(s):  
Ranka Račić
Keyword(s):  
Bosnia And Herzegovina ◽  
Civil Procedure ◽  
Legal Remedies ◽  
The Law ◽  
The Republic ◽  
Court Of First Instance ◽  
Court Of Appeal

Brčko District has its own, special courts, and its own laws, which differ from the laws of the entities. The Law on Civil Procedure of Brčko District of Bosnia and Herzegovina was drafted and influenced by the Law on Civil Procedure of the Republic of Srpska and Law on Civil Procedure of the Federation of Bosnia and Herzegovina. However, the Law on Civil Procedure of Brčko District of Bosnia and Herzegovina has introduced many novelties which arc listed in this paper, through the systematization of the law. Differences are remarkable and consist of different regulation of the procedural efficiency, introduction of the court of appeal, different regulation of principles of discussion and investigation, incorporation of the trial before one judge in the court of first instance, lack of the court's obligation to teach ignorant party. There are major discrepancies in the preparation of main hearings and main hearings, in the mediation procedure and structure and nature of the legal remedies.

Rule 243 Referral back

2018 ◽  
Author(s):  
Tilmann Büttner
Keyword(s):  
Final Decision ◽  
Court Of First Instance ◽  
Court Of Appeal

The Court of Appeal does not necessarily have to bring the appeal proceedings to a final decision. Pursuant to Rule 243, it can refer the action back to the Court of First Instance, but only in exceptional cases.

Decision on appeal and referral back

2018 ◽  
Author(s):  
Peter Tochtermann
Keyword(s):  
Final Decision ◽  
Rules Of Procedure ◽  
Court Of First Instance ◽  
Court Of Appeal

If an appeal pursuant to Article 73 is well-founded, the Court of Appeal shall revoke the decision of the Court of First Instance and give a final decision. The Court of Appeal may in exceptional cases and in accordance with the Rules of Procedure refer the case back to the Court of First Instance for decision.

Remuneration

2018 ◽  
Author(s):  
Peter Tochtermann
Keyword(s):  
Court Of First Instance ◽  
Court Of Appeal

The Administrative Committee shall set the remuneration of the President of the Court of Appeal, the President of the Court of First Instance, the judges, the Registrar, the Deputy-Registrar and the staff.

Staff

2018 ◽  
Author(s):  
Peter Tochtermann
Keyword(s):  
Court Of First Instance ◽  
Court Of Appeal

The staff of the Court consist of the officials and other employees of the Court. However, judges are not officials in the sense of Art 16 UPC Statute. The officials and other employees of the Court are responsible to the Registrar, under the authority of the President of the Court of Appeal or the President of the Court of First Instance.

The Court

2018 ◽  
Author(s):  
Tilmann Büttner
Keyword(s):  
Civil Service ◽  
Complete System ◽  
European Court Of Justice ◽  
Legal Entity ◽  
Court Of Justice ◽  
European Court ◽  
Set Up ◽  
Civil Service Tribunal ◽  
Court Of First Instance ◽  
Court Of Appeal

The UPC, universally referred to as ‘the Court’ throughout the text of the Agreement pursuant to Art 2(a) UPCA, is to be regarded legally as a legal entity sui generis (Art 4(1) UPCA) and structurally as a uniform entity. The Court entity as a whole comprises both the judiciary structures, which are the Court of First Instance and the Court of Appeal, and the non-judiciary structures, which are the Registry with sub-registries set up at all divisions of the Court (Art 10(1) and (2) UPCA). The Court’s structure visibly follows that of the CJEU which, according to Art 19 TFEU, comprises as a unitary court the European Court of Justice, the General Court, and the Civil Service Tribunal, thus establishing a complete system of courts.

Panels

2018 ◽  
Author(s):  
Peter Tochtermann
Keyword(s):  
Court Of First Instance ◽  
Court Of Appeal

The presiding judge of the panel will be determined by the Presidium of the Court. Where no such determination has taken place, and unless otherwise agreed by the panel, the most senior judge shall be the presiding judge (Rule 341.4 UPCARoP). The presiding judge of a panel at the Court of Appeal fulfils the same functions as a presiding judge of a panel at the Court of First Instance.

scholarly journals An Introduction to the System of Appeals in Iran, Egypt and France

2020 ◽  
Vol 9 (1) ◽  
pp. 72
Author(s):  
Rasoul Maghsoudpour ◽  
Malihe Yavari Tamam
Keyword(s):  
Legal System ◽  
Law System ◽  
Criminal Matters ◽  
Court Of First Instance ◽  
Court Of Appeal

The present study aims at exploring the system of appeals in Iran, Egypt and France in order to gain a better understanding of those systems. Firstly, the French legal system is explored. The organization of the French courts consists of the Court of First Instance, the Court of Appeal, and The Cour de Cassation. Under the French legal system, there are a few specific rules concerning appeal from judgment and appeal from other factors. Secondly, the Egyptian legal system as a codified law system was considered. It consists of three courts of First, Instance and Cassation. In fact, the Egyptian court of Appeal reconsiders felony cases. In general, the Egyptian Courts of appeal include eight courts and each court is independent and hears specific kinds of Claims such as economical and criminal matters. Thirdly, Iranian appeal system such as its deadline, effects and types is examined.

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