First published order of the UPC Court of Appeal, 13 October 2023

21-10-2023 Print this page
IPPT20231013, UPC CoA, Amgen v Sanofi-Aventis

Valid date of service of statement of claim with Annexes (Rule 271 RoP). 

A Statement of claim, even if it refers to or announces the later submission of Annexes, can be validly served on a defendant, provided that the Statement of claim without the Annexes enables the defendant to assert its rights in legal proceedings before the courts of the UPC.

A Statement of claim must therefore at least state with certainty the subject matter and cause of action.

Only annexes that are indispensable for the understanding of the subject matter and the cause of action must be served (and where necessary translated) on a defendant, together with the Statement of claim


Extension of terms for Preliminary objections and Statement of defense because of unavailability of Annexes (Rules 1319 and 23 RoP).

If a claimant did not upload the Annexes simultaneously with the Statement of claim in the CMS, and thus did not comply with Rule 13.2, and as a consequence these have not been available when the representative of the defendant accessed the CMS with the Access Code contained in the Notice, this in itself is sufficient to constitute a reasoned request by a defendant for an extension of the terms mentioned in Rules 19.1 and 23 RoP for lodging a Preliminary objection and the Statement of defense, regardless of the nature and/or content of the Annexes.

Failing any specific circumstances of an individual case which calls for another term, which have to be brought forward by the claimant, the extension of the terms mentioned in Rules 19.1 and 23 shall compensate for and thus be equal to the period during which the Annexes have not been available after service of the Statement of claim contrary to Rule 13.2 RoP.


IPPT20231013, UPC CoA, Amgen v Sanofi-Aventis