UPC CFI CD Paris, 20 February 2024: No extension of deadline - no objective impossibility or serious difficulty to meet deadline

No extension of deadline (Rule 9(3) RoP): no objective impossibility to meet deadline. 

No allegation, nor let alone evidence, of a difficulty in arranging a proper defence, rather the possibility that the submissions of pleadings in due time may be useless in case the Court will allow the preliminary objection. 

The power to extend the time limit should only be used with caution and only in justified exceptional cases (see UPC CFI 412/2023 CD Paris, order of 9 February 2024). 

It follows that the Court may extend a deadline set by the Rules of Procedures only in case a party alleges and gives evidence that it will not be able or was not able to meet it because of a fact that makes the submission of a document or the arrangement of an adequate content of a pleading in the due time objectively impossible or very difficult. 

IPPT20240220, UPC CFI, CD Paris, Roche Diabetes Care v Tandem Diabetes Care