LD Düsseldorf, 21 February 2024, Procedural Order On Counterclaim For Revocation, UPC_CFI_355/2023

• Published date: 25 March 2024
• Law Firm: Bardehle Pagenberg
• Author: Mr Alexander Wunsch and Anna Giedke

1. Key takeaways

Official form for counterclaim of revocation shall be used

Although the Statement of defence shall include a Counterclaim for revocation, the parties shall make use of the official forms available online. In practice, this means that the Counterclaim for revocation must also be filed in the workflow provided for this purpose by the CMS. Only when this requirement has been met the Counterclaim for revocation is properly filed.

Time limit for filing the counterclaim for revocation may be extended

Where the defendant has filed a Statement of defence in due time in accordance with the requirements of Rule 25.1 RoP but could not file the Counterclaim for revocation in the dedicated workflow of the CMS in due time, the deadline may be extended retrospectively upon request (Rule 9.3 (a) RoP) and subject to the following conditions: Firstly, the defendant must have already made a first attempt to file the Counterclaim for revocation in due time in the workflow provided for this purpose before the expiry of the time limit. Secondly, the defendant must have uploaded the Counterclaim for revocation to the correct workflow without culpable delay after the expiry of the deadline.

Time limit for...