CD Paris, September 16, 2024, Decision By Default In Revocation Action, UPC_CFI_412/2023

1. Key takeaways

Requirements of a decision by default

Pursuant to Rule 355 RoP a decision by default against the defendant may be granted where:

1. the relevant request is submitted by the claimant;
2. the defendant fails to take a step within the time limit foreseen in the Rules of Procedure or set by the Court, or the party which was duly summoned fails to appear at an oral hearing, or the time limit for the defence to the claim has expired and thus, it is established that the service of the claim was effected in sufficient time to enable the defendant to enter a defence; and
3. the facts put forward by the claimant justify the remedy sought and the procedural conduct of the defendant does not preclude to give such decision.