LD Dusseldorf, January 19, 2024 order on extension of time limits, UPC_CFI_457/2023

Insofar as R. 9.3 (a) of the Rules of Procedure grants the possibility of extending the time limit for filing an opposition and a statement of defense, this is only to be used in justified exceptional cases. Such an exceptional case was found here, since of the 15 defendants, most of whom are domiciled abroad, service could only be effected on three defendants. Furthermore, the defendants’ representatives agreed to appoint themselves for all defendants and to waive (repeated) service with regard to the defendants who have not yet been served. The order found that the requested, minor extension of the opposition and statement of defense time limit aligns the deadlines for each party and is thus appropriate. Not least, the representatives of the plaintiffs have assured that the plaintiff agrees to the extension.