UPC CFI, CD Paris, 8 January 2025: No cost decision for public access to register
26-01-2025 Print this page
No cost decision concerning application for access to written pleadings and evidence (R. 150 RoP, R. 262 RoP).
A decision on costs presupposes that there has been a decision on the merits of the dispute or for the determination of damages. For these purposes, a “decision on the merits” must be understood as a decision that concludes litigation proceedings, that is proceedings where the ascertainment of a right is sought by one party against another and is capable of producing the effects of res judicata on conflicting subjective positions and from which a situation of the defeat of one party with respect to another may arise, justifying the award of costs.
Parties may not unilaterally submit written comments on opposing arguments absent express authorization from the Court (R. 156 RoP, R. 9 RoP). The Court has the discretionary power to allow the further exchange of written pleadings if it deems appropriate, if not essential, to hear from one or each party before rendering its decision on the matter.
Incorrect citation of the legal grounds does not relieve the Court of its obligation to consider the motion where it is possible to identify the correct legal grounds based on the legal arguments and factual grounds put forward by the applicant in support of the application [Article 42(2) UPCA, Article 76 UPCA].
Use of the wrong workflow does not render a submission inadmissible where, as in the current situation, non-compliance with this procedural rule does not result in any prejudice (R. 4 RoP, R 9. RoP).
