A guide to the UPC and the UP - Flipbook - Page 207
ANNEX
Full Timeline of an Infringement Action
r.13:
SoC
0
1
r.19: preliminary
objection
rr.16,17: Registry
examination of
formalities/registration
rr.12(5), 36: rapporteur
may allow, other
written pleadings
2
r.25: SoD
including CC
for revocation
3
rr.23,24: S0D
4
5
r.30: application
to amend
rr.29(a), 29A: reply to
SoD incl defence to CC
r.29(c):
rejoinder
to reply
6
7
r.32(1): defence to
application to amend
r.29(d): rejoinder to
reply to SoD & reply
to defence to CC
8
r.32 (3): reply to defence
to application to amend
r.29(e): rejoinder to reply
to defence to CC
9
r.32(3): rejoinder to
reply to defence to
application to amend
10
rr.103-106
Interim conference
(if necessary)
11
12
r.29(b):
reply to SoD
Summons
r.108
>2 months
13
14
Written
Procedure
rr.12-41
Commenced In
Local/Regional/
Central Division
r.35: closure of
written procedure
at receipt of last
r.12 document
r.36: extendible
by rapporteur
r.28: rapporteur
sets dates for
interim conference
and oral hearing,
ASAP after defence
r.37, art.33(3)UPCA:
ASAP after closure
of written procedure,
the panel will decide
how to proceed
(transfer to local/
regional, split
proceedings or
all proceedings
at central division).
Also note: rr.38-41
rr.104(g), 115:
separate witness
hearing (if necessary)
Oral Hearing
(1 day), rr.112-115
• Oral submissions
• Witness/experts
Interim
Procedure
rr.101-110
r.101(3): up
to 3 months
r.110: closure of
interim procedure
Oral Procedure
rr.111-119
Months (from filing the SoC)
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 197