Key legal question
Whether the conditional withdrawal of the appeal could be accepted and lead to strike-out of the case.
Extracted holding
The withdrawal could not be conditional; the appeal was nevertheless removed from the docket following the signed withdrawal declaration.
Extracted reasoning
Under settled case law, an appeal withdrawal must be unconditional. Since a signed withdrawal declaration was filed, the court struck the case out under Art. 94(1)(c) LPA-VD.