UPC Court of Appeal: Procedural Decision: Withdrawal of the Appeal and Mootness of the Intervener's Appeal

The defendant and its intervener had lodged an appeal. The plaintiff declared the withdrawal of the appeal due to an out-of-court settlement in which the intervener was not involved. The intervener agreed to the withdrawal of the appeal only on the condition that its own appeal would be heard and decided upon. The Court of Appeal recognised that the intervener may not contradict the actions and declarations of the party it supports. The objection to a request for withdrawal of the appeal by the supported party is therefore inadmissible. Procedural acts of the intervener are only permissible insofar as they serve to support the applications made 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 legal dispute, the intervention becomes inadmissible. If both the party and the supporting intervener have lodged appeals, it is nevertheless a single legal remedy which the intervener cannot continue if it is withdrawn by the supported party because it has reached an out-of-court settlement with the opponent – without the involvement of the intervener. The intervener's appeal becomes moot in this case. As a rule, the intervener is to be treated in the same way as the main party it supports with regard to the costs it has incurred (UPC 27.11.2025,CoA 70/2025,CoA 001/2025).