Main Details: Case number UPC_CFI_201/2023 Registry number APP_559862/2023 Date 22 September, 2023 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 Back to Decisions and Orders
Main Details: Case number UPC_CFI_201/2023 Registry number APP_559862/2023 Date 22 September, 2023 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 Back to Decisions and Orders