UPC Confirms Electronic Service can only be Effected via the Registry

In the ongoing appeal lodged by Alexion against the CFI’s refusal of provisional measures against a large group of Amgen defendants, the COA has confirmed their strict adherence to the Rules of Procedure on that which constitutes good service. Two days before the Registry notified Amgen of the filing of the Statement of grounds of appeal by Alexion via the CMS, Alexion provided the statement to the representative of the Amgen companies via different means.

Despite the availability of the grounds of appeal to Amgen two days before notification in the CMS, the COA confirmed that, under Rule 278.1 and 2 ROP, written pleadings are served by the Registry in the electronic CMS of the Court unless service cannot be effected by means of electronic communication. Hence, “direct” service by one party on the other without involvement of the Registry was not sufficient, and the deadline for responding would run from the date of service in the CMS.