Topics: Application for time extension
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LD Munich, April 9, 2024, Order regarding R. 9 RoP extension request, UPC_CFI_501/2023
No time extension due to change of language of the proceedings: An extension of the deadline to file the statement of defense according to R. 9.3 RoP was rejected. The change of language of the proceedings one month before the deadline to file the statement of defense was not considered a justification for such an…
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LD Dusseldorf, January 19, 2024 order on extension of time limits, UPC_CFI_457/2023
Extension of time limits: 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…
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CoA, 13 October 2023, order of the court of appeal, UPC_CoA_320/2023
Effective service of the statement of claim does not require that exhibits are included: Only those exhibits that are essential for understanding the subject matter and the cause of action must be served on the defendant together with the statement of claim (and translated if necessary). Rule 270 RoP provides that the Regulation (EU) 2020/1784…
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LD Hamburg, 27 January 2024, procedural order, UPC_CFI_22/2023
The time period for responding to a counterclaim for revocation and the time period for the reply to the statement of defense should run in parallel: In a case in which the statement of defense includes trade secrets but the counterclaim for revocation does not, and in which access to an unredacted version of the…
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LD Dusseldorf, 20 January 2024, procedural order, UPC_CFI_363/2023
Term extensions are an exception: Insofar as R. 9.3 (a) RoP provides for the possibility of extending time periods, this should only be used with caution and only in justified exceptional cases against the background of the strict time limit regime set out in the Rules, which serves to ensure that proceedings are conducted as…
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