UPC CFI Düsseldorf, 20 January 2024: No exceptional case, no justification for extension of time period for Statement of Defence and Counterclaim25-01-2024 Print this page
Extending time periods (Rule 9(3)(a) RoP) only to be used with caution and only justified in exceptional cases (see: UPC_CFI_475/2023 (LK Düsseldorf), Anordnung v. 19. Januar 2024).
No exceptional case: that access to the CMS was not possible "over a longer period of time" is not a sufficient reason for an extension of the deadline for filing the statement of defence and the counterclaim as an exception.
The statement of claim, including the annexes, was served on the defendants in paper form.
Neither submitted nor apparent that the defendants were unable to upload their pleadings to the CMS in due time due to technical reasons.