Rule 195 – Oral hearing

1. Where the Court decides to summon the parties to an oral hearing, the date for the oral hearing shall be set as soon as possible after the date of receipt of the Application for preserving evidence.

2. Rules 111 to 116 shall apply mutatis mutandis. Where the applicant is absent from the oral hearing without a reasonable excuse, the Court shall reject the Application for preserving evidence.

3. The decision of the Court on the Application for preserving evidence shall be given in writing as soon as possible after the closure of the oral hearing. If the Court deems appropriate, the decision may be given orally to the parties at the end of the oral hearing but shall as soon as practicable thereafter be given in writing. 

Relation with Agreement: Article 60

Case Law:

IPPT20241031, UPC CFI, LD Düsseldorf, Valeo Electrification v Magna
Written statement submitted after the end of the oral hearing cannot be taken into consideration (R. 195 RoP). 

IPPT20240925, UPC CoA, Mammut v Ortovox

Scope of appeal and proceedings (Article 73(4) UPCA, R. 222.1 RoP). The court may not take into account in its decision written submissions that are submitted only after the conclusion of the oral proceedings on which the decision is based. (R. 195 RoP).