2024-01-22 - CD Paris - NJOY v. VMR Products - UPC_CFI_308/2023
- Aktenzeichen:
- UPC_CFI_308/2023
- Datum:
- Spruchkörper:
- Court of First Instance - Paris (FR) Central Division - Seat
- Art:
- Order
- Parteien:
- NJOY Netherlands BV v. VMR Products LLC
Kernaussage: service of written pleadings
2024-01-22 - CD Paris - NJOY
v.
VMR Products - UPC_CFI_308/2023
service of written pleadings
notable
In an order of principled importance for UPC procedure, Paris CD (JR Catallozzi, sitting also as presiding judge) refused in principle to use Rule 9 RoP to declare the date on which the defence to revocation had been served on the Claimant, holding that it is not the judge-rapporteur's task to interpret statutory provisions or assess facts in a way that assists one party — such an advisory role would offend judicial impartiality (Art. 17 UPCA) and the right to a fair trial (Art. 6 ECHR, Art. 47 EU Charter). The Court emphasised that the interpretation of deadlines is the parties' own responsibility; the Court's duty is limited to assessing whether the deadline has been met. However, 'as an exception' — given that UPC procedure was then at the outset and to avoid unnecessary procedural disputes — the JR identified the date of service: under Rule 27 read mutatis mutandis via Rule 54 RoP, where a defence is initially found deficient and later corrected, the corrected defence is what must be served; and under Rule 271(6)(a) RoP (applicable to written pleadings via Rule 278(4) RoP), the relevant electronic message was the Registry's notification of 13 December 2023. The JR expressly noted that this identification is not binding on the panel or the Court of Appeal.
Stichwörter
date of service ; request for declaration ; judge rapporteur