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Application Order

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Main Details:

Registry number
App_61657/2024
Date
Parties
Microsoft Corporation
Order/Decision reference
ORD_68708/2024
Type of action
Generic application
Language of Proceedings
English
Court - Division
Court of First Instance - Paris (FR) Central Division - Seat

English Headnotes:

1. In a situation in which a party fails to take a procedural step in the stated timeline and the Rules of Procedure provide that a decision by default may be given the Court is not obligated to issue such a decision but retains discretionary power even where the default is evident and there are no justifying elements. 2. In addressing an application for a decision by default, the Court may consider relevant that the evidentiary findings acquired in the proceedings at the time of the default does not allow for a sufficiently confident assessment of the merits of the claims put forward by the non-defaulting party.

English Schlüsselwörter:

decision by default