Article 37

Decision by default

Agreement On A Unified Patent Court

Annex I – Statute of the Unified Patent Court

Chapter 4 – Procedural provisions

Article 37 – Decision by default
  1. At the request of a party to an action, a decision by default may be given in accordance with the Rules of Procedure, where the other party, after having been served with a document instituting proceedings or with an equivalent document, fails to file written submissions in defence or fails to appear at the oral hearing. An objection may be lodged against that decision within one month of it being notified to the party against which the default decision has been given.
  2. The objection shall not have the effect of staying enforcement of the decision by default unless the Court decides otherwise.

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