Decision on appeal and referral back. (1) If the appeal is well-founded, the Court of Appeal shall revoke the decision of the Court of First Instance and give a final decision. The Court of Appeal may in exceptional cases and in accordance with the Rules of Procedure refer the case back to the Court of First Instance for decision. (2) Where a case is referred back to the Court of First Instance it shall be bound by the decision of the Court of Appeal on points of law.
Appears in 4 contracts
Samples: Draft Agreement on a Unified Patent Court, Draft Agreement on a Unified Patent Court, Draft Agreement on a Unified Patent Court
Decision on appeal and referral back. (1) If the an appeal pursuant to Article 45 is well-founded, the Court of Appeal shall revoke the decision of the Court of First Instance and give a final decision. The Court of Appeal may in exceptional cases and in accordance with the Rules of Procedure refer the case back to the Court of First Instance for decision.
(2) Where a case is referred back to the Court of First Instance it pursuant to paragraph 1, the Court of First Instance shall be bound by the decision of the Court of Appeal on points of law.
Appears in 4 contracts
Samples: Unified Patent Court Agreement, Draft Agreement on a Unified Patent Court, Draft Agreement on a Unified Patent Court and Draft Statute
Decision on appeal and referral back. (1) If the an appeal pursuant to Article 45 is well-well- founded, the Court of Appeal shall revoke the decision of the Court of First Instance and give a final decision. The Court of Appeal may in exceptional cases and in accordance with the Rules of Procedure refer the case back to the Court of First Instance for decision.
(2) Where a case is referred back to the Court of First Instance it pursuant to paragraph 1, the Court of First Instance shall be bound by the decision of the Court of Appeal on points of law.
Appears in 3 contracts
Samples: Draft Agreement on a Unified Patent Court, Draft Agreement on a Unified Patent Court, Draft Agreement on a Unified Patent Court