IP case law Court of Justice

Article 122 of the Rules of Procedure

1. If a defendant on whom an application initiating proceedings has been duly served fails to lodge a defence to the application in the proper form within the time prescribed, the applicant may apply to the General Court for judgment by default.
The application shall be served on the defendant. The General Court may decide to open the oral procedure on the application.
2. Before giving judgment by default the General Court shall consider whether the application initiating proceedings is admissible, whether the appropriate formalities have been complied with, and whether the application appears well founded. It may order a preparatory inquiry.

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Order of 11 Sep 2014, C-521/13 (Think Schuhwerk)



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