Key takeaways
It is a reason for a term extension if wrong exhibits to
which reference is made in the Statement of claim have been made
available via the CMS
According to case law of the Court of Appeals (UPC-CoA_320/2023;
APFL_572929/2023) it is sufficient for an extension of the terms
for lodging the Statement of Defense, if a claimant did not upload
the annexes simultaneously with the Statement of claim in the CMS.
This case law applies equally if wrong annexes were provided with
the Statement of Claim.
No shortening of the deadline for the Statement of
defense, if group members have been served earlier
The deadline for defendants will not be shortened, if the
Statement of Claim has been served on other defendants of the same
group of companies earlier. In the concrete case, the Statement of
Claim was served on Defendant 1) one month earlier than on
Defendants 3), 4), and 6).
