LD Helsinki, February 11, 2025, Procedural Order Regarding Changes In A Case, UPC_CFI_214/2013

1. Key takeaways

The main issues to be considered when addressing the admissibility of changes in a case are that the nature of the frontloaded procedure of the UPC must be protected and that during the process there are no such changes that the defendant's right to defence is compromised.

If these two premises are protected there is discretion for the Court to accept changes (see also the Court of Appeal of UPC (CoA), order of 21 November 2024 (UPC_CoA_456/2024, APL_44633/2024 re Rule 263 RoP)

A party and other territories may be added if the right of defence of defendants, including the new party are sufficiently guaranteed, R. 305 RoP.

Adding a party and new territories was accepted since otherwise separate proceedings would be initiated and the issue of joining the cases based on R. 340 RoP would emerge. It was ensured that despite the changes defendant has three months to answer. The UPC system is based on the presumption of R. 23 RoP that three