Casalonga UPC rules of procedure
Powered by Casalonga

Rule 209Examination of the Application for provisional measures

1. Without prejudice to the Court’s decision on the Application for provisional measures, the Court shall have the discretion including where the Application is made pursuant to Rule 206.3 [1] to:

(a) inform the defendant about the Application and invite him to lodge, within a time period to be specified, an Objection to the Application for provisional measures which shall contain:

  • (i) the reasons why the Application shall fail;
  • (ii) the facts and evidence relied on, in particular any challenge to the facts and evidence relied on by the applicant; and
  • (iii) where main proceedings on the merits of the case have not yet been started before the Court, the reasons why the action which will be started before the Court shall fail and the facts and evidence relied on in suppor
    ...
    Please login to continue reading.
    Registering with the site

    You have requested to take part in a forum reserved for registered visitors.

    Personal identifiers

    Enter your personal information here. You will receive a registration confirmation shortly by email. Such email may have been considered as spam. If you do not find it in your inbox nor in your spam, please send an email to contact@upc-casalonga.eu.

    (Your password must contain at least 6 characters.)

    Required fields are indicated with a « * »


    New visitor ?

    Subscribe


[1-
3. Where the applicant requests that provisional measures be ordered without hearing the other party (hereinafter "the defendant"), the Application for provisional measures shall in addition contain:
(a) the reasons for not hearing the defendant having regard in particular to Rule 197; and
(b) information about any prior correspondence between the parties concerning the alleged infringement.