UPC_CFI_193/2024, ORD_47439/2024 – I-Mop vs Arcora

Court
Local Division Munich
Date
Outcome
Granted
Sector
Other
Decision Type
PROCEDURAL

Expert Commentary

Defendant appoints a representative but does not file a defence. On 16 August 2024, the JR warns the defendant that a default judgment may be given and gives the claimant the possibility to make certain amendments in order to enable the court to grant its claims. On 30 August 2024, the Claimant makes amendments. On 31 August 2024, the JR gives the defendant 14 days to respond. No reaction follows. The Court enters a default judgment

Key Holdings

  • A default judgment was entered against the defendant for failing to file a defence despite appointing a representative and being warned by the Judicial Rapporteur.
  • The JR provided the claimant an opportunity to amend claims to facilitate granting, and the defendant was given a further 14 days to respond to amendments, which it failed to do.

Tags

  • Default Judgment
  • Pleadings
  • Rules of Procedure

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