Topics: Decision by default
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LD Düsseldorf, September 3, 2025, Order, UPC_CFI_449/2025
The application for a default decision merely supplements, but does not replace, the main application for a PI and other provisional measures: Under R. 209.1(a) RoP, the Court notifies the defendant of an application for provisional measures and invite objections. If the defendant does not respond or declines to substantiate objections, the Court may decide…
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LD Düsseldorf, August 5, 2025, Default Judgment, UPC_CFI_318/2025
Default judgment is available if the defendant fails to respond (R. 355 RoP, R. 23 RoP): The court may issue a default judgment if the defendant does not file a statement of defense within the prescribed period, provided service of the complaint was validly effected. Service at trade fair booths is valid for UPC proceedings…
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CD Milan, July 22, 2025, decision by default on the revocation action, UPC_CFI_597/2024
Default Judgment on Revocation: Failure to comply with a court order (Rule 158 RoP) for security for costs can result in the dismissal of a revocation action by default (Rule 355.2 RoP), especially when the opposing party requests it. Non-compliance with a legally issued order and a request by a party are prerequisites for a…
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CD Paris, March 31, 2025, Order of the Court of First Instance, UPC_CFI_412/2023
Limited Scope of Rectification Under Rule 353 RoP: Rectification under Rule 353 RoP is limited to obvious errors (clerical mistakes, errors in calculation, obvious slips) evident from the decision’s reasoning – in other words, a discrepancy between the judge’s intended decision and its material representation, provided that this can be deduced from a comparison between…
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CD Paris, September 16, 2024, decision by default in revocation action, UPC_CFI_412/2023
Requirements of a decision by default: Pursuant to Rule 355 RoP a decision by default against the defendant may be granted where: i) the relevant request is submitted by the claimant; ii) the defendant fails to take a step within the time limit foreseen in the Rules of Procedure or set by the Court, or…
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CoA, April 11, 2024, request for a decision by default, UPC_CoA_79/2024
Time period for filing a statement of appeal under R.220.2 RoP: If an appeal is lodged under R.220.2 RoP and leave is granted in the impugned order itself, the statement of appeal must be lodged within 15 days of service of that order containing the decision to grant leave (R.224.1(b) RoP). If the decision to…
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