Rule 36 – Further exchanges of written pleadings

Without prejudice to the powers of the judge-rapporteur pursuant to Rule 110.1, on a reasoned request by a party lodged before the date on which the judge-rapporteur intends to close the written procedure [Rule 35(a)], the judge-rapporteur may allow the exchange of further written pleadings, within a period to be specified. Where the exchange of further written pleadings is allowed, the written procedure shall be deemed closed upon expiry of the specified period.

Case Law

Court of Appeal

IPPT20240617, UPC CoA, Audi v NST

IPPT20240617, UPC CoA, Volkswagen v NST
Further exchange of written pleadings in appeal proceedings allowed  (Rule 36 RoP). The Court of Appeal considers the request by Audi to be sufficiently reasoned. It wants to correct some facts submitted by NST in relation to its behavior in the market, together with written evidence. The Court of Appeal considers that Audi has a sufficient interest to do so and that the written procedure is the most convenient phase to do so. The Court of Appeal therefore allows the request. There is no need to consult NST about this request. NST will be given the opportunity to respond to the additional statement lodged by Audi within 14 days after the day on which this order is issued.