Case Law
Rule 361: Action manifestly bound to fail

Division centrale de Paris (FR) – siège, Order dated 17/09/2024, Microsoft Corporation v. Suinno Mobile & AI Technologies Licensing Oy (Case/ Registry number: App_42138/2024, ORD_43015/2024)
Example of decision on the interpretation of the term "manifestly inadmissible": "14. With particular regard to the condition of the ‘manifest inadmissibility’ provided in Rule 361‘RoP’, this panel considers that the word ‘manifest’ implies that the inadmissibility must be clearly evident from the pleadings without any particular in-depth analysis. In other words, it must be a prima facie inadmissibility which follows from simple factual findings (such as verifying that a peremptory deadline has not been met without any justified reason) and which does not require accurate and complex factual findings and/or legal assessments whose outcome is debatable."