1. Key takeaways
No further written submissions after the oral
hearing
Pursuant to R. 36 RoP, the judge-rapporteur may, upon a reasoned
request by a party submitted before the closure of the written
procedure, allow the exchange of further written submissions. After
this point, there is no basis for submitting additional written
submissions, particularly not without prior approval of the court.
This applies even more so after the oral hearing. Once the oral
hearing has concluded, the case is ready for decision, and the
parties should refrain from any further exchanges with the court.
At no point thereafter is it necessary to summarize what was said
during the oral hearing.
In particular, there is no need or justification to respond in
writing to an introduction by the court in the oral hearing. Such
an introduction, which is in no way binding on the court, serves to
focus attention on the issues the court considers particularly
relevant and allows the parties