Rule 210 – 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 provisional measures.

2. The Court may order the parties to provide further information, documents and other evidence before or during the oral hearing, including evidence to enable the Court to make its decision in accordance with Rule 211. Part 2 of these Rules on Evidence shall be applicable only to the extent determined by the Court.

3. 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 provisional measures.

4. The decision of the Court on the Application for provisional measures shall be given in writing as soon as possible after the closure of the oral hearing. If the Court deems appropriate, its decision may be given orally to the parties at the end of the oral hearing, prior to providing its decision in writing.

Case Law

IPPT20240925, UPC CFI, LD Düsseldorf, Valeo Electrification v Magna
Case management order regarding evidence during oral hearing in PI proceedings (R. 210 RoP). Evidence in PI proceedings is generally and primarily to be submitted in writing (R. 170.1 (a) and (b) RoP), with particular importance being attached to the submission of affidavits (R. 170.2 (h) RoP). In addition, the submission of physical objects, in particular devices, products, embodiments, exhibits and models (R. 170.1 (c) RoP), and of electronic files and audio/video files (R. 170.1 (d) RoP) may be an option. The Court does not summon witnesses in PI proceedings.