Case Law
Rule 353: Rectification of decisions and orders

Court of First Instance - Paris (FR) Central Division - Seat, Order dated 31/03/2025, Bayerische Motoren Werke Aktiengesellschaft (Case/ Registry number: ORD_15677/2025, ORD_15677/2025)
Example of decision on rectification: "Pursuant to Rule 353 ‘RoP’ the Court may, by way of order, rectify clerical mistakes, errors in calculation and obvious slips in the decision or order. According to this panel the circumstances contemplated by Rule 353 ‘RoP’ (clerical mistakes, errors in calculation, obvious slips) all consist of a discrepancy between the judge’s intended decision and its material representation and this discrepancy must be deduced from a comparison between the part affected by the error and the considerations contained in the reasoning, from which it can be inferred that the error is due to an oversight or a lack of attention."

Court of First Instance - Munich (DE) Local Division, Order dated 17/02/2025, Meril Life Sciences Pvt Ltd., Meril Gmbh (Case/ Registry number: ACT_458897/2023, ORD_598479/2023)
Example of decision on rectification of clerical mistakes and obvious slips: "I. According to R. 353 RoP, the Court may upon an application by a party made within one month of service of the decision or order, rectify clerical mistakes, errors in calculation and obvious slips in the decision or order. Besides clear factual errors “obvious slips” can be rectified. “Obvious slips” within the meaning of R. 353 RoP are all incorrect or incomplete statements of what the Court actually intended in the order or decision. In other words, the declaration of the Court’s intention in the decision or order must deviate from the intention that existed when the decision was made (UPC_CFI_177/2023, Order dated 30 June 2023, under II.1. – myStromer/Revolt Zycling)."

Court of First Instance - Düsseldorf (DE) Local Division, Order dated 30/06/2023, myStromer AG v Revolt Zycling AG (Case number UPC_CFI 177/2023, ORD_543068/2023)
Example of decision on the rectification of an order for mistakes: “Pursuant to Rule 353 of the Rules of Procedure, the court may, by way of order, after hearing the parties, correct clerical and computational errors as well as manifest inaccuracies in the decision or order. The latter includes all incorrect or incomplete statements of what the court actually intended in the order or decision. The declaration of the judicial intention in the decision or order must differ from the intention present when the decision was made.”