A guide to the UPC and the UP - Flipbook - Page 361
recorded in the register and assigned to a panel. 42 However, where the application is made
ex parte, it will not be entered on the register until notice has been given to the defendant 43
which, if the application is granted, will be at the time the saisie is executed. A judgerapporteur will also be designated; 44 or
– If main proceedings have begun, the Registry examines only the formalities and then passes
the application to the judge or panel already dealing with the case. 45
18-31 In either case, where the application is urgent, the presiding judge is empowered to decide
the application acting as a single judge. 46 In such a case, the single judge has all the necessary
powers of the Court. 47 In cases of “extreme urgency” the standing judge 48 may decide
immediately on the application and the procedure to be followed. 49 This power enables the
application to be considered quickly without the need to allocate the case to a particular panel
of judges and to appoint a presiding judge. One administrative step is therefore cut out from
the process, but for cases of both “urgency” and “extreme urgency” the Registry must still
allocate the application to the relevant division, assuming that the main proceedings have
not already started. Even where the main proceedings have already been started, there does
not appear to be a procedure available for applying directly to the standing judge of the
relevant division since all applications are initiated by filing at the Registry and, in practice, are
made electronically.
Examination of the Application
18-32 The substantive examination of the application will then take place. Under r.194(1) RoP the
Court is provided with the discretion to do one of four things:
– Inform the defendant of the application 50 and invite the defendant to file a response within
a specified period of time;
– Schedule an oral hearing with both parties;
– Schedule an oral hearing with only the applicant present; or
– Decide the application without hearing the defendant (which may indicate that the
application will be decided without hearing the applicant otherwise there would be no
distinction between this and the above provision).
42
43
44
45
46
47
48
49
50
r.193(1) RoP referring to rr.17(1)(a) to (c) and (2) RoP relating to date of receipt, recoding in the register, assigning an action
number and assignment to a panel.
r.192(3) RoP, last sentence.
r.193(1) RoP referring to r.18 RoP.
r.193(2) RoP.
r.194(3) RoP.
r.193(3) RoP.
Designated in accordance with r.345(5) RoP.
r.194(4) RoP.
Even where the applicant requests the application to be heard ex parte – see r.194(1) RoP.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 351
