Recently, a party to proceedings pending at the FPC had informed the FPC of a decision issued by a foreign court in co-pending proceedings. The counterparty requested that this submission be dismissed, in view of the FPC’s case law on unsolicited submissions.
The President took the opportunity to clarify the following:
Even though the FPC does not appreciate unsolicited submissions, harmonisation in Europe in fact requires that the FPC takes corresponding decisions issued in other jurisdictions into consideration. In doing so, the FPC thus first needs to know such corresponding decisions. Consequently, the FPC not only accepts such information, but in fact expects parties to promptly provide such information.
Reported by Martin WILMING