CD Milan, December 23, 2024, Procedural Order, UPC_CFI_ 380/2024

1. Key takeaways

Criteria for intervention (Rule 313 RoP)

• An intervener must demonstrate a legally qualified interest, not merely a factual one.
• This interest must be connected to the legal relationship in litigation and entail potential harm to the intervener's rights if the original party loses the case.

Decision on costs of an application to intervene (Rule 150 RoP)

• Legal costs can follow a decision on the right to intervene, which itself entails a decision on the merits.
• The intervention procedure is judicial in nature and subject to the adversarial right of defense.

Definition of "successful party" (Rule 151 RoP)

• The "successful party" in sub-proceedings, such as intervention requests, is entitled to seek legal cost compensation.