Topics: R. 116 RoP
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Local Division Düsseldorf, September 1, 2026, Decision on Infringement Action, UPC_CFI_307/2025
Rule 116.3 RoP governs the consequences of a party’s non-attendance at the oral hearing, treating them as relying on their written submissions.: If a defendant fails to attend the oral hearing despite being properly summoned, the court may proceed to issue a final decision on the merits rather than a default judgment under Rule 116.5…
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Court of Appeal, June 18, 2026, order on provisional measures, UPC_CoA_907/2026
New facts and evidence on appeal face a strict admissibility threshold under Art. 73(4) UPCA and R. 222.2 RoP.: The Court considers three factors:(a) whether the party can justify that the submissions could not reasonably have been made at first instance,(b) the relevance of the new submissions, and(c) the position of the other party.Evidence relating…
3 min Reading time→
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