Rule 101 – Role of the judge-rapporteur (Case management)

1. During the interim procedure, the judge-rapporteur shall make all necessary preparations for the oral hearing. He may in particular, where appropriate, and subject to the mandate of the panel, hold an interim conference with the parties which may be held on more than one occasion and may exercise the powers provided for in Rule 334.

2. The judge-rapporteur shall have the obligation to ensure a fair, orderly and efficient interim procedure.

3. Without prejudice to the principle of proportionality, the judge-rapporteur shall complete the interim procedure within three months of the closure of the written procedure.

Relation with Agreement: Articles 43 and 52(2)

Case Law:

IPPT20240227, UPC CFI, CD Munich, Sanofi-Aventis v Amgen
Interim report after interim hearing in relation to combing actions (Rule 9 RoP, Rule 101 RoP). Request for interim conference after interim hearing rejected in view of the opportunity to be heard in relation to its requests and the combining of both actions at the present hearing. Case management instructions in relation to combining the actions in preparation for oral procedure to provide that all parties are “on the same page” where it concerns the grounds for revocation, arguments, facts and evidence. Value of proceedings set at 100 million euro in accordance with agreement between the parties (article 36 UPCA). Reasonable and proportionate costs recoverable up to a ceiling of 2 million euro in accordance with table published by the Administrative Committee (article 69 UPCA). Court and parties must have access to information showing at least a detailed description of the number of hours spent working on this particular case, by whom, what for and at what rate. The same applies to any expenses incurred. The judge-rapporteur informed the parties that the Court will, in principle, respect an agreement between the parties on the amount of costs that is deemed reasonable and proportionate. Use of slides during oral hearing of 4 June 2024 (Rule 9 RoP, Rule 112 RoP). Use of reasonable number of slides as demonstratives, which may not introduce any new facts or substance to the case, permitted; to be submitted by all parties by 7 May 2024 at the latest. Both parties are to include with the slides a table indicating exactly where in the pleadings/evidence already on file the contents of the slides can be found.