LD Hamburg, August 26, 2024, Decision, UPC_CFI_54/2023

1. Key takeaways

Failure to use the correct workflows provided by the CMS does not result in a violation of the deadlines resulting from the Rules of Procedure, Rule 4.1 sentences 1 and 2 RoP. In the initial phase of the UPC – the present action was filed on the first day of the UPC, 1 June 2023 – the UPC finds it appropriate to apply a more generous standard.

Pursuant Rule 4.1 sentence 1 RoP, parties "shall" submit written pleadings in electronic form. Rule 4.1 sentence 2 RoP further specifies that the parties "shall" use the available CMS forms. At least in the initial phase of the UPC, the Local Chamber considers it appropriate to construe "shall" in a more generous sense (and not as a "must"), because it should be borne in mind that the workflow-based coding of the CMS poses challenges for all parties involved. An overly strict approach at present would be unacceptable given the principles of the right to be heard. The RoP do at no point expressly order the