UPC CFI LD Brussels, 17 september 2024: Use of pleading notes and aids permitted
23-10-2024 Print this page
Order following interim conference (R. 105 RoP).
Parties need to indicate at the oral hearing how to balance the requested lifting of the seizure (of evidence) on counterfeiting (‘Order to Preserve Evidence’) under R 198(1) RoP, while making use of the findings in execution of the descriptive seizure.
Value of the proceedings set at the lowest possible amount of € 250.000 in the absence of arguments or evidence of of a higher amount. (Rule 104 RoP).
Whether or not a valuation is ‘sufficient’ in the light of possible recoverable costs (in application of R. 152(3) RoP) does not concern an element to be considered in assessing the valuation of the proceedings.
Use of pleading notes and/or visual representations (including in the form of a PPT presentation) as (pleading) aids will be permitted (R. 112 RoP).
However, these do not form part of the written argumentation (claim/defence). Indicated (pleading) aids can only serve to support the already formulated written argumentation. After all, the written phase of the proceedings has been concluded so that no additional/dissenting pleas can be submitted. Indicated (pleading) aids must be communicated in good time (i.e. 48 hours before the hearing) to the Registry (LD Brussels) and the opposing party. The parties are also free to use the jaw model mentioned in the Interim Conference during the pleadings, but again only to support the written arguments already formulated. In such a case, this model must be filed as an additional document at the Registry (LD Brussels) and communicated to the opposing party at the latest 14 days before the hearing as well as at the same time as it is filed at the Registry (LD Brussels).
