Casalonga UPC rules of procedure
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Rule 41Written procedure when the central division deals with the action under Article 33(3)(c) of the Agreement

When an action is referred to the central division under Article 33(3)(c) [1] of the Agreement, it shall be dealt with as follows:

(a) Rule 17.2 and .3 [2] shall apply Agreement Article 33(3)(c) - Competence of the divisions of the Court of First Instance. The parties may request that the action be heard by a single judge;

(b) Rule 18 [3] shall apply Rule 17.2 and .3 – Recording in the register and assignment (Court of First Instance, infringement action): the presiding judge of the panel to which the action has been assigned shall designate one judge of the panel as judge-rapporteur;

(c) dates already set under Rule 28 [4] shal
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(3) A counterclaim for revocation as referred to in Article 32(1)(e) may be brought in the case of an action for infringement as referred to in Article 32(1)(a). The local or regional division concerned shall, after having heard the parties, have the discretion either to:
(c) with the agreement of the parties, refer the case for decision to the central division

2. The action shall be assigned to a panel of a division according to Rule 345.3. Where requested by the parties the action shall be assigned to a single judge in accordance with Rule 345.6.
3. The following shall determine the distribution of actions between the seat of the central division and its sections.

The presiding judge of the panel to which the action has been assigned [Rule 17.2] shall designate one legally qualified judge of the panel as judge-rapporteur. The presiding judge may designate himself as judge-rapporteur. The Registry shall as soon as practicable notify the claimant and defendant of the identity of the judge-rapporteur.

As soon as practicable after service of the Statement of defence, the judge-rapporteur shall, after consulting the parties, set a date and time for an interim conference (where necessary [Rule 101.1]) and set a date for the oral hearing. The judge-rapporteur may set one alternative date.