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

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