CoA, March 21, 2024, Order, UPC_CoA_486/2023

1. Key takeaways

An appeal against a decision of the judge rapporteur can be admissible if it is the subject of the appeal whether the judge rapporteur was entitled to issue the decision under appeal.

R 220.3 RoP provides for the admission of an appeal against an order issued by a panel. However, the order under appeal was issued by the judge rapporteur. Principally, according to R 333.1 RoP such an order is to be reviewed, upon request, by the panel. In the instant case, the question on appeal is precisely whether the judge rapporteur was entitled to decide on the admissibility of the appellants' application for review under R 333.1 RoP or whether the panel should have decided, which would have required a decision by the panel under R 333.5 RoP. Therefore, the lack of an order or decision issued by the panel cannot lead to the inadmissibility of the application under R 220.3 RoP.