UPC CFI LD Brussels, 19 July 2019, Panel review of order judge-rapporteur is of a marginal nature
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Panel review of case management order judge-rapporteur (Rule 333 RoP) is of a marginal nature in the sense that it is limited to ascertaining whether the Judge-Rapporteur relied on the correct facts, whether he assessed them correctly and whether he made his decision within the bounds of reasonableness.
No suspension of the predetermined deadlines written procedure granted (Rule 9 RoP, Rule 29 RoP). The Rules of Procedure do not provide for a suspension of the predetermined deadlines during the written procedure either after the submission of a Procedural Request, or after the submission of a Request for Review by the panel or after the initiation of an appeal against such review by the panel. A request for suspension can further only be granted if it is proportionate and the balancing of interests of the parties warrants it. This may be the case, for example, if the Defendants' rights of defence are seriously impaired and this is weighed against the Plaintiff's interests, in particular its interest in proceeding expeditiously.
Amending infringement claim with equivalence arguments after receiving defendant’s defense in line with procedural evolutive course of the dispute and does not affect subject matter of the proceedings (Rule 263 RoP, Rule 13 RoP).
Leave to appeal granted (Rule 220.2 RoP)
