Potential defendants need to have the means to keep accurate and extensive records of goods manufactured and sold, so for example in case of suppliers they are able to provide the name and address of the person who supplied them and for manufacturers so that they can prove whether they produced particular products, when they were sold etc.
Where the defending party, after having been duly summoned, fails to file written submissions in defence, judgment shall be given against that party by default.
Member States may introduce or maintain in force provisions whereby the party that intends to seek an injunction can only start this procedure after it has tried to achieve the cessation of the infringement in consultation with either the defendant or with both the defendant and a qualified entity within the meaning of Article 3(a) of the Member State in which the injunction is sought.
The language of a case shall be chosen by the applicant, except that:
(a) where the defendant is a Member State or a natural or legal person having the nationality of a Member State, the language of the case shall be the official language of that State; where that State has more than one official language, the applicant may choose between them ...
La langue de procédure est choisie par le requérant, sous réserve des dispositions ci-après: a) si le défendeur est un État membre ou une personne physique ou morale ressortissant d'un État membre, la langue de procédure est la langue officielle de cet État; dans le cas o? il existe plusieurs langues officielles, le requérant a la faculté de choisir celle qui lui convient ...
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