A guide to the UPC and the UP - Flipbook - Page 267
Failure to Attend the Hearing
Parties
14-15 The parties have a right to be heard at the oral hearing. 35 But, if a party does not wish to be
represented at the oral hearing, they must inform the Registry “in good time”. 36 A party that is
not represented will be treated as relying only on its written case. 37 The Court is not obliged to
delay any step in the procedure by reason of a party’s absence. If a party is scheduled to
attend the oral hearing, but does not do so, the Court has the right to give a decision on
the merits (such provision being without prejudice to the power of the Court to give a
decision by default). 38 Only if a party is prevented from being represented due to an
“exceptional occurrence”, will the Court, after receiving “a reasoned request” from that party,
adjourn the oral hearing. 39
14-16 Where both parties inform the Registry that they do not wish to be represented at the
oral hearing, the Court will take a decision on the merits of the action on the basis of the
pleadings and evidence submitted by the parties (and the Court expert, if applicable). 40
Witnesses and Experts
14-17 If a witness or expert has been duly summoned to Court and fails to appear or refuses to
give evidence or refuses to make the declaration as to the truth of his or her oral testimony, 41
the Court may impose a pecuniary sanction not exceeding €50,000 on the witness. The Court
can also order that further summons are to be served at the witness’s expense. 42
Place Where the Court Sits
14-18 Each Court will normally sit where it has its seat. However, where an action is pending in a
regional division, the presiding judge and judge-rapporteur may choose to hold one or more
particular sittings elsewhere within the region having regard to the residence or place of
business of the defendant and all other relevant circumstances such as the facilities available,
the financial means of the parties and the place of actual or threatened infringement. 43 The
Court may decide, in exceptional circumstances, to hold the oral hearing by video conference or
where the parties agree to do so. In this event, the hearing will be transmitted simultaneously
to the court room. 44
Language Used at the Hearing
14-19 The language of the oral hearing is that of the proceedings. However, with the consent of
the Court, a witness may give evidence in another language. 45 If simultaneous translation is
required then this must be requested at least one month before the oral hearing, 46 the costs
for which will be decided under the cost procedure in r.150 RoP. 47 If a party wishes to engage
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r.264 RoP.
r.116(1) RoP.
r.116(3) RoP.
rr.116(2) and (5) and 355(1)(b) RoP. See chapter 11 (Overview of Procedure and General Procedural Provisions)
paragraphs 11-144 to 11-150 for details on decisions by default.
r.116(4) RoP.
r.117 RoP. Rr 118 and 350 to 354 apply.
As set out in r.178(1) RoP.
r.179(2) RoP. For further information on witness and expert evidence, see chapter 17 (Evidence) paragraphs 17-41 to 17-95.
r.342(2) RoP.
r.112(3)(c) RoP.
r.112(6) RoP.
r.109(1) RoP.
r.109(5) RoP.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 257
