LD Düsseldorf, April 28, 2026, Procedural Order, UPC_CFI_869/2025

1. Key takeaways

Admissibility of submissions

The admissibility of the documents and arguments submitted is a question of fact. Whether the defendant’s submissions in its rejoinder regarding the motion to amend are relevant to the decision in the present case, and whether they were filed late requires a thorough analysis. Such an assessment can only be made with certainty at the end of the oral proceedings. In accordance with the principle of equality of arms, the plaintiff should be granted a further opportunity to comment on the defendant’s statement of facts, as a precautionary measure and without prejudice to the question of whether the defendant’s additional arguments will be admitted.