UPC CoA sets aside Hague LD’s default judgment; explanation for default is informational, not a plea for relief

Context:

• Amycel, LLC holds EP1993350 (“Brown mushrooms for commercial production”) on a brown mushroom strain. In August 2024, it brought an infringement action at the Hague Local Division (LD) against a Polish defendant marketing a strain called “Cayene”. The Hague LD had already granted Amycel a preliminary injunction (PI) in July 2024.
• Service on the defendant in Poland proved difficult. After two registered letters were returned unopened, the judge-rapporteur authorised alternative service under Rule 275 of the Rules of Procedure (RoP). When the defendant’s representative fell ill near the deadline, and the Statement of Defence arrived late, the court rejected re-establishment under Rule 320 RoP and proceeded to default.
• In October 2025, the Hague LD issued a default judgment granting a permanent injunction (October 26, 2025 UPC Roundup). The defendant’s application to set aside that judgment under Rule 356 RoP was declared inadmissible.