UPC Central Division: Procedural Decision: Decision in Default

A decision in default against the defendant may be issued if the plaintiff so requests, the defendant has missed a deadline and it is established that service of the statement of claim was effected in due time to allow the defendant to lodge a statement of defence. If these conditions are met, it is at the discretion of the Court whether or not to issue a decision in default. The Court exercises its discretion to issue such a decision if the facts presented by the plaintiff justify the remedy sought and the non-defaulting party is entitled to an expeditious procedure. In the present case, the patent proprietor missed the deadline for the statement of defence to the revocation action. The division issued the decision in default requested by the revocation plaintiff and decided on the merits of the case (CD Paris 12.1.2026, CFI 350/2025).