At the request of a party to an action, a decision by default may be given in accordance with the Rules of Procedure, where the other party, after having been served with a document instituting proceedings or with an equivalent document, fails to file written submissions in defence or fails to appear at the oral hearing. An objection may be lodged against that decision within one month of it being notified to the party against which the default decision has been given.
What is UPCS 037?
This is Article 037 from the UPCS (Satzung des Gerichts — Anhang I zum Übereinkommen), which is part of the legal framework governing the Unified Patent Court in Europe.
Legal Text
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The objection shall not have the effect of staying enforcement of the decision by default unless the Court decides otherwise.
Applied In
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Official Source
This legal text is from the official UPCS framework governing the Unified Patent Court.
Reference: UPCS 037 (Article 037)