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Main Details:

Registry number
ORD_23089/2024
Date
Parties
AIM Sport Development AG
v.
Supponor Italia SRL, Supponor SASU, Supponor España SL, Supponor Oy, Supponor Limited
Order/Decision reference
ORD_23089/2024
Type of action
Generic Order
Language of Proceedings
English
Court - Division
Court of Appeal - Luxembourg (LU)

English Headnotes:

An ambiguity arising when reading Article 62 UPCA and Rules 220.1(c) and 224.1(b) RoP together, in combination with incorrect, or at least incomplete, information provided by the Court of First Instance, has led the appellant to believe that a two months’ time period applied for an appeal of an order. The principle of the protection of legitimate expectations requires that the appellant under the exceptional circumstances of this case is allowed to rely on the information provided by the Court of First Instance that the applicable time period for lodging the Statement of appeal was two months, when in fact it was 15 days.

English Keywords:

Time period for lodging a Statement of appeal pursuant to R.220.1(c) RoP in conjunction with Art. 62 UPCA