2024-02-09 - CD Paris - Bayerische Motoren Werke Aktiengesellschaft v. Itcico Spain - UPC_CFI_412/2023
- Aktenzeichen:
- UPC_CFI_412/2023
- Datum:
- Spruchkörper:
- Court of First Instance - Paris (FR) Central Division - Seat
- Art:
- Application Order
- Parteien:
- ITCiCo Spain S.L.
Kernaussage: request for procedural order.
2024-02-09 - CD Paris - Bayerische Motoren Werke Aktiengesellschaft
v.
Itcico Spain - UPC_CFI_412/2023
request for procedural order.
notable
The Paris Central Division (Seat) Judge-Rapporteur Catallozzi rejected ITCiCo's R. 9.3 RoP application to extend the SoD deadline in BMW's revocation action. The Court held that the discretion to extend statutory deadlines under R. 9 RoP must be exercised with caution and only in justified exceptional cases requiring objective impossibility or extreme difficulty — difficulties attributable to the party or its representatives do not suffice. Service of the SoC under R. 271.4(a) RoP was valid on 25 November 2023 even without the exhibits, because the SoC itself identified the subject matter and cause of action with certainty. ITCiCo's alleged grounds (delayed exhibits, smart-card delay, illness of long-standing patent attorney) were held unsubstantiated and/or attributable to the party; the late submission of the request on the last day of the deadline was also inconsistent with the principle of fair trial. The order is an important articulation of the UPC's strict approach to deadline extensions.
Stichwörter
statement or defence; time extension.