2024-09-16 - CD Paris - Bayerische Motoren Werke Aktiengesellschaft v. Itcico Spain - UPC_CFI_412/2023

1. Pursuant to Rule 355 ‘RoP’ a decision by default against the defendant may be given where: i) the relevant request is submitted by the claimant; ii) the defendant fails to take a step within the t ime limit foreseen in the Rules of Procedure or set by the Court, or the party which was duly summoned fails to appear at an oral hearing, or the time limit for the defence to the claim has expired and thus, it is established that the service of the claim was effected in sufficient time to enable the defendant to enter a defence; and iii) the facts put forward by the claimant justify the remedy sought and the procedural conduct of the defendant does not preclude to give such decision. 2. Following the conditions set out in Rule 335 ‘RoP’, it is at the discretion of the Court whether to issue a decision by default or not. In carrying out this assessment, the Court has to consider that expeditious decisions are one of the aims of the Unified Patent Court Agreement and that the legal framework of the ‘UPC’ provides the defendant with appropriate tools to provide justification for the default and to appeal the decision where unfavourable.

The Paris Central Division issued a decision by default on request of the claimant, going into detail regarding the requirements of R.355 RoP. The default decision was granted since no Statement of Defence was submitted after the application for a deadline extension was rejected by the court.