Rule 278 – Service of written pleadings and other documents

1. As soon as practicable after written pleadings have been received at the Registry, the Registry shall serve the pleadings and any other document lodged with the pleadings on the other party by means of electronic communication except if the pleading contains a request for an ex parte proceeding.

2. Where service by means of electronic communication cannot be effected, the Registry shall serve the written pleadings on the party by:

(a) registered letter with acknowledgement of receipt or equivalent; or

(b) any method authorised by the Court under Rule 275.

3. Service under paragraph 2(a) shall be effected at the following place:

(a) where the party is a company or other legal person: at its statutory seat, central administration, principal place of business or at any place within the Contracting Member States where the company or other legal person has a place of business;

(b) where the party is an individual: at his usual or last known residence within the Contracting Member States.

4. Rule 271.6 and 272 shall apply mutatis mutandis.

5. Where a party is represented pursuant to Rule 8.1, the pleadings and other documents referred to in paragraph 1 shall be served on that representative. Paragraph 2 shall apply mutatis mutandis.

Case law

Court of Appeal

IPPT20240808, UPC CoA, Alexion Pharmaceuticals v Amgen
Service of written pleadings via other electronic systems than the CMS cannot be considered effective service under  Rule 278.1 RoP.
 

Court of First Instance

IPPT20240122, UPC CFI, CD Paris, NJOY Netherlands v VMR Products

 All written pleadings, including the defence to revocation, are deemed to be served on the day when the relevant electronic message was sent (Rule 278(4) RoP; Rule 271(6)(a) RoP)

IPPT20231011, UPC CFI, CD Munich, Astellas v Healios

The notification generated by the system is the “means of electronic communication” as meant in Rule 278.1 RoP or, as the case may be, the “relevant electronic message” as meant in Rule 271.6 RoP.