LD Duesseldorf, September 12, 2025, procedural order on further exchanges of written pleadings, UPC_CFI_733/2024

The correct means to introduce written pleadings outside the regime provided for in the Rules of Procedure is an application pursuant to R. 36 RoP. Such an application must be made prior to the date on which the judge-rapporteur intends to conclude the written procedure. If a written pleading mixes points for which further submissions are foreseen by the Rules of procedure with points for which no further submissions are foreseen may result in non-consideration of the latter.

Even if the claimant, in view of an objection raised by the defendant for the first time in its response to the infringement action, only had one opportunity to comment on this in writing, in the reply, this circumstance does not automatically require the admission of a further written statement. The claimant must explain which specific arguments of the defendant, in its view, necessitate a further written statement.