UPC CoA, 9 April 2024: Service of Statement of claim by electronic means also applies to appeal proceedings

09-04-2024 Print this page
IPPT20240409, UPC CoA, Panasonic v Xiaomi

If Rule 271(1) RoP – service of Statement of claim at an electronic address provided for service  – applied in the First Instance, it also applies in appeal.

 

In appeal proceedings, Chapter 2 – Service (Rules 270279) of the Rules of Procedure (RoP) applies mutatis mutandis. Consequently, if during the proceedings at the Court of First Instance, Rule 271.1 RoP applied (in short: an electronic address for service was provided by the defendant or his representative) and/or a representative of the respondent accepted service on behalf of the respondent, then pursuant to R.271.2 RoP further service – not only in the proceedings at first instance, but also in appeal proceedings - shall be effected within the closed electronic system of the UPC Case Management System (CMS).

 

IPPT20240409, UPC CoA, Panasonic v Xiaomi