Rule 239 – Role of the judge-rapporteur

1. Upon the expiry of the periods specified in Rules 224 to 238 the judge-rapporteur shall make all necessary preparations for the oral hearing. Subject always to the provisions of Rule 222, the judgerapporteur shall, to the extent appropriate, have the powers and exercise the duties set out in Rules 101 to 110 mutatis mutandis.

2. As soon as the judge-rapporteur considers that the appeal is ready for oral hearing he shall summon the parties to the oral hearing. Except for appeals against the orders referred to in Rule 220.1(c) and 220.2, and subject to any order for expedition pursuant to Rule 230.3, at least two months’ notice shall be given unless the parties agree to a shorter time period. The interim procedure shall be deemed closed and oral procedure shall start immediately on the giving of such summons. The presiding judge shall, in consultation with the judge-rapporteur take over the management of the action.

Case Law

IPPT20250528, UPC CoA, Harvard v Nanostring - II

Withdrawal of action and reimbursement of court fees (R. 265 RoP, R. 370 RoP). Written procedure before the Court of Appeal is limited to the submissions of a Statement of appeal and a statement of grounds for appeal and a statement of response, unless a cross-appeal has been lodged. Upon expiry of the period for lodging these statements, the interim procedure begins (R. 239.1 RoP). It follows that, in the present case, the action was not withdrawn before the closure of the written procedure, but before the closure of the interim procedure. Accordingly, Harvard is entitled to a reimbursement of 40% of the Court fees it paid for the appeal pursuant to R. 370.9(b)(ii) RoP, instead of 60% pursuant to R. 370.9(b)(i) RoP.

IPPT20240821, UPC CoA, Apple v Ona
Reply to Statement of response not taken into account. Further written pleadings may only be filed after a Rule 36 RoP request, filed before the closing of the interim procedure, has been granted (Rule 239 RoP). In appeal there is no provision for notification in accordance with Rule 35a RoP.