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Rules of Procedure of the Unified Patent Court (RoP)

Rule 243

Referral back

  1. In exceptional circumstances, the Court of Appeal may refer the action back to the Court of First Instance for decision or for retrial.
  2. The decision referring a action back to the Court of First Instance shall specify whether it 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 President of the Court of First Instance.
  3. Where a 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.

Notes

Relation with Agreement: Article 75

Status: 15th draft of 31st May 2013