UPC Local Division: Intervention
An intervener has the rights associated with the status of a party and participates in the proceedings, but with the proviso that - in accordance with R 313.2 RoP - the intervention is in support of at least part of a claim. This means that the intervener may not assert claims that are contrary to those of the party he is in support of. Furthermore, they may not file independent requests that differ from those available to the party they are supporting. The defendant has three months to file a statement of defense and, if applicable, file a counterclaim for revocation. The defendant filed a statement of defense without a counterclaim for revocation before the deadline. The same deadline was applicable to the intervener, but neither statement of defense nor counterclaim for revocation were filed. The intervener's request, filed after the deadline, to extend the period for filing a counterclaim against revocation is rejected. This is due to lack of proof of serious reasons why - despite due care - the deadline could not be met (Paris Local Division, UPC 6 May 2024, CFI 440/2023).