Rule 313 – Application to intervene

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1. An Application to intervene may be lodged at any stage of the proceedings before the Court of First Instance or the Court of Appeal by any person establishing a legal interest in the result of an action submitted to the Court (hereinafter “the intervener”).

2. An Application to intervene shall be admissible only if it is made in support, in whole or in part, of a claim, order or remedy sought by one of the parties and is made before the closure of the written procedure unless the Court of First Instance or Court of Appeal orders otherwise.

3. The intervener shall be represented in accordance with Article 48 of the Agreement.

4. The Application to intervene shall contain:

(a) a reference to the action number of the file;

(b) the names of the intervener and of the intervener’s representative, as well as postal and electronic addresses for service and the names of the persons authorised to accept service;

(c) the claim, order or remedy in support of which intervention is sought by the intervener; and

(d) a statement of the facts establishing the right to intervene under paragraphs 1 and 2.


Case Law


IPPT20240506, UPC CFI, LD Paris, Photon Wave v Seoul Viosys
An intervening party may not develop claims contrary to those of the party it is supporting (Rule 313 RoP, Rule 9 RoP) and may not independently develop claims and procedural methods distinct from those offered to the party it is supporting. Consequently, an intervener who has not filed a counterclaim for invalidity within the time limit set for the party it is supporting cannot claim an extension of time to file an independent claim. 


IPPT20240110, UPC CoA, Ocado v Autostore 

Application to intervene in appeal refused. Interest in the result of the action (Rule 313(1) RoP) means a direct and present interest in the grant by the Court of the order or decision as sought by the party, whom the prospective intervener whishes to support and not an interest in relation to the pleas in law put forward. It is necessary to distinguish between prospective interveners establishing a direct interest in the ruling on the specific request sought by the supported party, and those who can establish only an indirect interest in the result of the case by reason of similarities between their situation and that of one of the parties. A similiarity between two cases is not sufficient.