Case Law
Rule 361: Action manifestly bound to fail

Court of First Instance - Paris (FR) Central Division - Seat, Order dated 13/03/2025, Microsoft Corporation (Case/ Registry number: App_7866/2025, ORD_12267/2025)
Example of decision on the inadmissibility of the action: "It may also be noted that according to Rule 361 of the Rules of Procedure, the Court may give a decision by way of order “where it is clear that the Court has no jurisdiction to take cognisance
of an action or of certain of the claims therein or where the action or defence is, in whole or in part, manifestly inadmissible or manifestly lacking any foundation in law”.
9. With particular regard to the condition of the ‘manifest inadmissibility’ provided this Rule ‘RoP’, this panel considers that the word ‘manifest’ implies that the inadmissibility must be clearly evident from the pleadings without any particular in-depth analysis. In other words, it must be a prima facie inadmissibility which follows from simple factual findings (such as verifying that a peremptory deadline has not been met without any justified reason) and which does not require accurate and complex factual findings and/or legal assessments whose outcome is debatable (see CoA, order issued on 15 October 2024, UPC_CoA_570/2024 and Paris CD, order issued on 16 September 2024, UPC_CoA 164/2024, both concerning the same issue)."

Division centrale de Paris (FR) – siège, Order dated 17/09/2024, Microsoft Corporation v. Suinno Mobile & AI Technologies Licensing Oy (Case/ Registry number: App_42138/2024, ORD_43015/2024)
Example of decision on the interpretation of the term "manifestly inadmissible": "14. With particular regard to the condition of the ‘manifest inadmissibility’ provided in Rule 361‘RoP’, this panel considers that the word ‘manifest’ implies that the inadmissibility must be clearly evident from the pleadings without any particular in-depth analysis. In other words, it must be a prima facie inadmissibility which follows from simple factual findings (such as verifying that a peremptory deadline has not been met without any justified reason) and which does not require accurate and complex factual findings and/or legal assessments whose outcome is debatable."