First decision of the UPC Court of Appeal

The Order of 16 October 2023 of the UPC Court of Appeal establishes that the service of a Statement of claim without annexes does not affect the validity of the service, provided that the Statement of claim clearly outlines the subject matter and grounds of the action. The Court emphasises that only annexes that are indispensable for understanding the action must be served. Moreover, if the annexes are not uploaded onto the CMS in a timely manner and are not available at the time of the defendant’s access, the time limits for the defendant’s appearance may be extended, irrespective of the nature of the annexes, by an extension equal to the period of non-availability. This interpretation clarifies the procedural rules for future proceedings.