Skip to main content

Order

page banner image

Main Details:

Case number
UPC_CFI_201/2023
Registry number
APP_559862/2023
Date
Parties
N.V. Nutricia
v.
Nestlé Health Science (Deutschland) GmbH
Order/Decision reference
ORD_575922/2023
Type of action
Application Rop 33
Language of Proceedings
English
Court - Division
Court of First Instance - Düsseldorf (DE) Local Division

Headnotes:

1. Pursuant to R. 33.1 and .2 RoP, any party to the proceedings may lodge an Application for allocating a technically qualified judge (TQJ) to the panel, which request shall be lodged as early as possible in the written procedure. 2. The allocation of the TQJ shall be made by the President of the Court of First Instance after consulting the judge-rapporteur. This consultation is not limited to the question of the relevant field of technology. Rather, the consultation extends to the question of whether, in the opinion of the judge-rapporteur, the involvement of a technically qualified judge is necessary at all, taking into account the issues in dispute. 3. By its very nature, the earliest time at which such an assessment could be made is after the filing of the statement of defence. If a request for the allocation of a TQJ is lodged at an earlier stage of the proceedings, the judge-rapporteur may postpone the submission of the Defendant’s request to the President of the Court of First Instance until the statement of defence has been lodged.

Keywords:

Technically qualiefied judge (TQJ), defendant, request, allocation, President, Court of First Instance, submission, postponement, judge-rapporteur, statement of defence