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Rules of Procedure of the Unified Patent Court (RoP)

Rule 346

Settling difficulties arising as to the application of [[UPCA_007|Article 7]] of the Statute

  1. If a judge of the Court of First Instance, during his term of office, does not respect the obligations arising from his office, pursuant to Article 7(1) and (2) of the Statute, the President of the Court of the Instance, after hearing the judge, may formally in writing put the judge on notice of such failure. If the judge continues not to fully respect the obligations of his office, the President of the Court of First Instance shall ask the Presidium to decide on the consequences of such failure.

  2. Paragraph 1 shall apply to a judge of the Court of Appeal. The President of the Court of Appeal shall perform the functions attributed in paragraph 1 to the President of the Court of First Instance.
  3. If a judge of the Court, after having ceased to hold office, does not behave with integrity and discretion as regards the acceptance of appointments or benefits, the President of the Court of First Instance or the President of the Court of Appeal may ask the Presidium to decide on the consequences of such behaviour.

  4. If a party objects to a judge taking part in proceedings pursuant to Article 7(4) of the Statute, the presiding judge of the local or regional division to which the judge is allocated or, if the action is pending before the central division, the President of the Court of First Instance shall, after hearing the judge concerned, decide whether the objection is admissible having regard to Article 7(2) of the Statute.

  5. If the objection is admissible, the presiding judge of the division or the President of the Court of First Instance, as the action may be, shall refer the action to the Presidium which shall hear the judge concerned and shall decide whether the objection shall stand or not.
  6. Paragraphs 4 and 5 shall apply to a judge of the Court of Appeal. The President of the Court of Appeal shall perform the functions attributed in these Rules to the President of the Court of First Instance.

Notes

Relation with draft Statute: Article 7

Status: 15th draft of 31st May 2013