UPC CFI LD Munich, 27 May 2024: Wrong annexes provided, extension of deadline

Extension of deadlines to file Statement of Defence: wrong Annexes were provided with the Statement of Claim; non-compliance with Rule 13.2 RoP.

According to the jurisprudence of the Court of Appeal (UPC_CoA_320/2023; APL_572929/2023) it is sufficient to constitute a reasoned request by a defendant for an extension of the terms for lodging the Statement of defense, if a claimant did not upload the Annexes simultaneously with the Statement of claim in the CMS and thus did not comply with Rule 13.2, and as a consequence these Annexes have not been available when the representative of the defendant accessed the CMS.

This case law applies equally if wrong Annexes were provided with the Statement of Claim. 

IPPT20240527, UPC CFI, LD Munich, NEC V TCL