Case Law
Article 9: The Court of Appeal

Court of Appeal – Luxembourg (LU), Order dated 10/04/2024, Ocado Innovation Limited v. Autostore Sp. Z o. o., Autostore System GmbH, Autostore System AT GmbH, Autostore System AB, Autostore System S.L., Autostore System Srl, Autostore AS, Autostore S.A.S ORD_19369/2024
Example of decision on the composition of the panel of the Court of Appeal: “16. The Court of Appeal does not agree with Mr arguments that a panel of just three legally qualified judges would be contrary to Art. 6 ECHR as such a composition is not foreseen in the UPCA. For the reasons given below, it is of the opinion that Art. 9(1) and Art. 9(2) UPCA are not exhaustive as to the composition of the panels of the Court of Appeal and that Art. 9(1) UPCA allows the Court of Appeal to sit with three legally qualified judges in cases where only matters of a non-technical nature are in dispute.”
“36. The above leads to the conclusion that Art. 9(1) UPCA has to be interpreted such that if the subject matter of the appeal proceedings is of a non-technical nature only and there are no technical issues at stake in the proceedings before it, the Court of Appeal may decide the matter without the need to assign two technically qualified judges to its panel of three legally qualified judges. The above is without prejudice to the fact that once technically qualified judges have been assigned, they will then, as judges, deal with the entire dispute, including the non-technical aspects thereof.”