Rule 38

Written procedure when the central division deals with a Counterclaim for revocation under Article 33(3)(b) of the Agreement

Rules of Procedure

Part 1 – Procedures before the Court of First Instance

Chapter 1 – Written procedure

Section 1 – Infringement action

Counterclaim for Revocation Referred to the Central Division Under Article 33(3)(b) of the Agreement


Rule 38 – Written procedure when the central division deals with a Counterclaim for revocation under Article 33(3)(b) of the Agreement

When a Counterclaim for revocation is referred to the central division, it shall be dealt with as follows:

(a) Rule 17.2 and .3 shall apply mutatis mutandis;

(b) Rule 18 shall apply mutatis mutandis: the presiding judge of the panel to which the Counterclaim for revocation has been assigned shall designate one legally qualified judge of the panel as judge-rapporteur;

(c) The judge-rapporteur shall give any further directions necessary for the future conduct of the written procedure before the central division;

(d) Rule 28 shall apply mutatis mutandis: the judge-rapporteur shall after consulting the parties set a date and a time for the interim conference (where necessary [Rules 28 and 101]) and set a date, and one alternative date, for the oral hearing.

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