LD Munich, October 12, 2026, review of case management orders, UPC_CFI_245/2025, UPC_CFI_618/2025

An application under R. 333 RoP is an autonomous preliminary remedy against case management orders. Under R. 333.3 RoP in conjunction with R. 15.2 RoP, an application is legally deemed not to have taken place until the fee is paid. Simply uploading a brief within the 15-day period under R. 333.2 RoP without fee payment does not satisfy the deadline.

It would therefore have been necessary to file an application for re-establishment of rights pursuant to Rule 320 RoP. 

The fee was paid late because the UPC representative had failed to ensure in time that a proof of transfer could be uploaded together with the filing.

Rules of Procedure explicitly attach serious legal consequences to the failure to pay a fee in time, this legislative policy decision must in principle be respected and enforced.

Cited case law not applicable: This represents a different starting point from that underlying the (i) decision of the CoA where the signed “correct” submission had inadvertently been replaced by an “incorrect” submission relating to different proceedings when uploading and (ii) the decision of the LD Düsseldorf where the counterclaim for revocation was uploaded under the old CMS not in the workflow designated for that purpose, but in a different workflow.