UPC clarifies stance on service inside and outside the EU

In a recent infringement action between M-A-S Maschinen und Anlagenbau Schulz GmbH (Plaitiff) and Altech Makina Sanayi ve Ticaret Anonim Sirketi (Defendant), UPC_CFI_316/2024, the plaintiff sought permission from the Unified Patent Court to serve their Statement of Claim on the defendant at a trade fair in Amsterdam. The plaintiff argued that procedure for service would be more efficient if it was effected on the defendant (a non-EU resident) within the territory of the EU. 

In the order dated 17 June 2024, the Düsseldorf Local Division of the UPC approved the plaintiff’s request, stating that service of a Statement of Claim may be effected at any place within the territory of contracting member states where the company or other legal person has a permanent or temporary place of business. The latter may be the case for a trade fair stand if – as is usually the case – deliveries are also advertised there.