Case Law
Rule 49: Lodging of the Defence to revocation

Court of First Instance - Paris (FR) Central Division - Seat, Order dated 17/09/2024, Meril Italy srl, Meril GmbH, Meril Life Science Private Limited v. Edwards Lifesciences Corporation (Case/ Registry number: App_45333/2024, ORD_45922/2024)
Example of decision on extension of time period for the filing of a counterclaim due to technical problems: "12. This judge-rapporteur is of the opinion that the power to extend the time limit should be used with caution and in justified exceptional cases (see LD Dusseldorf, order of 20 April 2024, UPC_CFI_355/2023; CD Paris, order of 20 February 2024, UPC_CFI_454/2023). In particular, a t ime extension is appropriate when a party alleges and gives evidence that it will not or was not able to meet it because of a fact that makes the submission of a document or the arrangement of an adequate content of a pleading in the due time objectively impossible or very difficult.
13. Such an exceptional case is given here.
14. Indeed, the evidence show that the respondent was not able to submit the written pleading in the proper CMS workflow due to circumstances that were beyond its reasonable control as the technical difficulties that its representatives experienced do not seem to be attributable to an operator error but rather to a malfunction of the CMS.
15. It also may be noted that the respondent’s representatives acted in accordance with the principle of fair trial as they responded promptly to the technical issues lodging the document in a new workflow, specifically opened under the proper proceedings, and informing the competent Court of the issues in the same day."