Rule 115 – The oral hearing

The oral hearing and any separate hearing of witnesses shall be open to the public unless the Court decides to make a hearing, to the extent necessary, confidential in the interests of one or both parties or third parties or in the general interests of justice or public order. The hearing shall be audio recorded. The recording shall be made available to the parties or their representatives at the premises of the Court after the hearing. Rule 103 shall apply mutatis mutandis.

Relation with Agreement: Article 45

Case Law:

IPPT20231003, UPC CFI, LD Munich, Huawei v Netgear

1) Workflows.  According to Rule 4.2 RoP, the parties are required to use official forms provided online, including the various workflows, such as, for instance, for the main proceedings, for Rule 262 RoP or Rule 262A RoP.  The exclusion of the public from the interim hearing and the oral proceedings is governed by Rules 105.2 and 115 RoP. Separate workflows are not available in this respect. Consequently, applications relating to this must be submitted in the workflow of the main proceedings (here: infringement proceedings).