Share on LinkedInShare on LinkedIn

ARTICLE · 24 JULY 2025

CoA, July 12, 2025, Decision Concerning Application For A Decision By Default (R. 355 RoP)

Bardehle Pagenberg
Bardehle Pagenberg
Contributor
Bardehle Pagenberg

Bardehle Pagenberg

IP practitioners with technical expertise As one of Europe’s leading IP law firms, BARDEHLE...

View firm profile
Explore more from Bardehle Pagenberg

R. 355.2 RoP only applies when a decision by default is sought "against the defendant of the claim ". It does not apply when a decision by default is requested by the defendant...

GermanyIntellectual Property

1. Key takeaways

R 355.2 RoP limited to a decision by default against the Defendant

R. 355.2 RoP only applies when a decision by default is sought "against the defendant of the claim ". It does not apply when a decision by default is requested by the defendant against the claimant because the claimant failed to take a step within the time limit foreseen in the RoP or set by the Court or it failed to appear at an oral hearing pursuant to R. 355.1(a) and (b) RoP.

Rationale underlying R. 355.2 RoP

The rationale underlying R. 355.2 RoP is that a decision by default against the defendant by which the Court orders the remedy sought by the claimant or the counter-claimant does not only require that the Court finds that the conditions mentioned in R. 355.1 (a) or (b) RoP are met but also finds that the conditions, that the order of the remedy sought presupposes, are met based on the facts that are put forward by the claimant which justify the claims, providing the

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from