Rule 355

Rule 355 – Decision by default (Court of First Instance)

1. Upon request a decision by default may be given against a party where:
   1. the Rules of Procedure so provide if a party fails to take a step within the time limit foreseen in these Rules or set by the Court; or
   2. without prejudice to Rules 116 and 117, the party which was duly summoned fails to appear at an oral hearing.
2. A decision by default against the defendant of the claim or counterclaim may only be given where the facts put forward by the claimant justify the remedy sought and the procedural conduct of the defendant does not preclude to give such decision.
3. A decision by default against the defendant of the claim or counterclaim may only be given where the time limits for the defence to the claim or counterclaim have expired and thus, it is established that the service of the claim or counterclaim was effected in sufficient time to enable the defendant to enter a defence.
4. A decision by default shall be enforceable. The Court may, however:
   1. grant a stay of enforcement until it has given its decision on any Application under Rule 356; or
   2. make enforcement subject to the provision of security; this security shall be released if no Application is made or if the Application fails.

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