Alexion Pharmaceuticals v Amgen Technology (Ireland) (CoA, 8 August 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 8 August 2024 (UPC_CoA_405/2024), the President of the Court of Appeal, sitting as judge-rapporteur, held that the statement of grounds of appeal of Alexion Pharmaceuticals against nine Amgen group companies was served on 29 July 2024, the date of its notification in the CMS, and not on 27 July 2024, when Alexion had also sent it directly to opposing counsel through beA, the German lawyers’ electronic mailbox. The appeal is against the Hamburg Local Division’s dismissal of a request for provisional measures based on EP 3 167 888. The rule is simple and matters for computing time limits: pleadings are served by the Registry through the CMS.

Question

Does direct transmission of a pleading between counsel through another electronic system amount to service under Rule 278.1?

Decision

It follows from Rule 278.1 and 278.2 that written pleadings, such as the statement of grounds of appeal, are served by the Registry in the Court’s CMS unless service cannot be effected electronically. Prior communication between the parties themselves through another system, such as beA, is not effective service. Alexion lodged its statement in the CMS on Saturday 27 July 2024 and the respondents were notified on 29 July 2024, which is therefore the date of service.

Key points for practice

• Time limits for a response run from notification by the Registry in the CMS, whatever the date of any earlier direct transmission between counsel.

Provisions applied

Rules of Procedure

Rule 278

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.