Amycell v *** (CFI, 9 December 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 9 December 2025, The Hague Local Division held inadmissible, and in the alternative dismissed, the defendant’s application to set aside the default decision of 21 October 2025 in Amycel’s infringement action (EP 1 993 350 B2). It rectified of its own motion the information on remedies in that decision: the only route is an appeal within two months. The order confirms that a default decision preceded by clear warnings is a final decision.

Question

Can a defendant apply under Rule 356 to set aside a default decision where, after its application for re-establishment of rights was refused, it had been warned that a default decision would be given?

Decision

No. The division observed that Rule 356.3 appears to target cases in which the defendant’s position was not considered at all (paragraph 8). The defendant had been represented at least two months before the deadline for the statement of defence, and the Rule 275 order had warned that a default decision would follow (paragraph 9). Although the word « final » was not used, it was, or should have been, clear that the default decision ordered in the Rule 320 order would be final (paragraph 10). The default decision is therefore a final first instance decision, open to appeal within two months (paragraphs 11 and 13). The clerical error on remedies was rectified under Rule 353, without affecting the appeal period (paragraphs 12 and 13).

Key points for practice

• Practical point: a defaulting party already heard on an application for re-establishment of rights must appeal the default decision within two months rather than rely on Rule 356.

Provisions applied

Agreement on a Unified Patent Court

Art. 73(1)

Rules of Procedure

Rules 220.1(a), 224.1(a), 275, 320, 353, 355 and 356

Case law cited

Brussels Local Division, 19 August 2025 (UPC_CFI_131/2025)

Related decisions

• Amycel, 21 October 2025, default decision rectified by this order.
• Amycel, 1 April 2025, order refusing re-establishment and ordering a default decision.

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.