A guide to the UPC and the UP - Flipbook - Page 300
Defence of the Unsuccessful Party
15-88 Following service of the request to lay open books, the unsuccessful party, the respondent to
the request, has two options. It may: 130
– Accept the request to lay open books, in which case the Registry must be informed of its
acceptance within two months. The judge-rapporteur shall then draft the order to lay open
books in accordance with what has been demanded in the request; or
– Contest the request. In that case, it must lodge a defence to the request within a two-month
time period.
Reply to the Defence and Rejoinder to the Reply
15-89 The claimant may lodge a reply to the defence within 14 days. The reply will be limited to a
response to the matters raised in the defence. Afterwards, the unsuccessful party may lodge a
rejoinder to the reply within 14 days of service of the reply, which will also be limited to the
matters raised in the reply. 131
15-90 Further written pleadings may be exchanged within a specified time period by order of the
judge-rapporteur. There may be an interim procedure and an oral procedure under the same
provisions applicable to general proceedings before the Court, following such reduced
timetable as may be ordered by the judge-rapporteur. Finally, the judge-rapporteur may
decide on the obligation to bear legal costs for the proceedings to lay open books. 132
Decision on the Request to Lay Open Books
15-91 Should the request to lay open books not be permitted, the Court shall dismiss it, inform the
claimant, and specify a time period within which the procedure for the award of damages shall
be continued. 133 If the request to lay open books is permitted, the Court may order the
unsuccessful party to provide the information requested by the claimant, or a version of that as
raised by the Court, within a specified time period, and under specified conditions. When
applying these conditions, the Court must take into consideration the protection of confidential
information such as trade secrets and personal data as provided for by art.58 UPCA. To this
end, the Court may restrict or prohibit access of the evidence to specific persons. It may then
order the evidence to be disclosed to certain named persons only and be subject to appropriate
terms of non-disclosure. 134 Finally, the Court will also specify a time period within which the
procedure for the award of damages shall be continued.
130
131
132
133
134
rr.142(1) and (2) RoP.
r.142(3) RoP.
r.143 RoP referring to r.140 RoP.
r.144(2) RoP.
r.190(1) RoP.
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A Guide to the UPC and the UP 290
