Article 37

Decision by default

1. At the request of a party to an action, a decision by default may be given in accordance with the Rules of Procedure, where the other party, after having been served with a document instituting proceedings or with an equivalent document, fails to file written submissions in defence or fails to appear at the oral hearing. An objection may be lodged against that decision within one month of it being notified to the party against which the default decision has been given.

2. The objection shall not have the effect of staying enforcement of the decision by default unless the Court decides otherwise.

Case law

IPPT20241011, UPC CFI, LD Munich, i-mop v Arcora
Default judgment, including injunction and provisional damages (Article 37 UPC Statute, R. 355 RoP). Express provision in Article 37(1) of the UPC Statute that failing to file written submissions in defence after having been served with a document  instituting proceedings is sufficient. Not necessary that this express provision is also present in the Rules of Procedure. The UPC Statute takes precedence over the Rules of Procedure.