UPC Court of Appeal: Position of the intervener when an appeal is withdrawn

The intervener may not engage in actions or make statements that contradict those of the party it supports. An objection to a request to withdraw an appeal under R 265.1 RoP made by the party it supports is therefore inadmissible. Procedural acts by the intervener are only admissible insofar as they serve to support the applications lodged by one of the parties. The intervener therefore does not have a position independent of the party it supports. If the supported party withdraws from the proceedings, the intervention becomes inadmissible. Even if both the party and the supporting intervener have filed appeals, these nevertheless constitute a single legal remedy, which the intervener cannot continue if the appeal is withdrawn by the supported party because that party has reached an out-of-court settlement with the opposing party without the intervener’s involvement. In this case, the intervener’s appeal becomes devoid of purpose pursuant to R. 360 RoP. (UPC 27 November 2025, CoA 70/2025).