Case Law
Rule 222: Subject-matter of the proceedings before the Court of Appeal

Court of Appeal - Luxembourg (LU), Order dated 21/11/2024, MERIL LIFE SCIENCES PVT LIMITED, INTERLUX, UAB, SORMEDICA, UAB, SMIS INTERNATIONAL OÜ, MERIL GMBH, VAB-LOGISTIK, UAB v. EDWARDS LIFESCIENCES CORPORATION (Case/ Registry number: APL_50205/2024, ORD_61000/2024)
Example of decision on new legal arguments on appeal: "Pursuant to R. 222.2 RoP, the Court of Appeal may disregard “requests, facts and evidence” which were not submitted by a party during the proceedings before the Court of First Instance. This wording makes it clear that the rule does not apply to legal arguments. R. 222.2 RoP
therefore does not prevent a party from submitting a new legal argument on appeal, provided that the argument is based on the facts and evidence submitted to the Court of First Instance."