M-A-S Maschinen- und Anlagenbau Schulz v Altech Makina (CFI, 17 June 2024)
| Date | 17 June 2024 |
|---|---|
| Court | CFI |
| Division | Düsseldorf (DE) Local Division |
| Type of action | Generic application |
| Registry reference | App_36031/2024 · ORD_36068/2024 |
| Parties | M-A-S Maschinen- und Anlagenbau Schulz GmbH |
Official decision (PDF) · UPC registry entry
Dhenne Avocats represents claimants and defendants in European patent disputes before the Unified Patent Court, including the Paris divisions.
Dhenne Avocats · 10 October 2026
Our analysis
Summary
By an order of 17 June 2024 (UPC_CFI_316/2024, App_36031/2024, ACT_35545/2024), the Düsseldorf Local Division, acting through its presiding judge, ordered that the infringement claim on EP 2 061 575 B1 lodged on 14 June 2024 by M-A-S Maschinen- und Anlagenbau Schulz GmbH be served on the Turkish defendant Altech Makina Sanayi ve Ticaret Anonim Sirketi at its stand at the PRS Europe trade fair in Amsterdam on 19 and 20 June 2024. The order gives claimants a fast route to service on a defendant established outside the Union.
Question
Can a trade fair stand located in a Contracting Member State be a temporary place of business at which the statement of claim may be served under Rule 271.5(a) RoP?
Decision
Yes. Rule 271.5(a) RoP allows service at any place in the Contracting Member States where a company has a permanent or temporary place of business. A trade fair stand may qualify as a temporary place of business where, as is normally the case, it also serves to advertise deliveries. Nothing suggested otherwise here, where the allegedly infringing embodiment was on display at the stand. Service was ordered at stand G42 of the Messe Amsterdam, the costs of that service to be paid directly by the claimant for the time being.
Key points for practice
- Practical point: where the defendant is established outside the Contracting Member States, its presence at a trade fair in one of them allows the claimant to seek service at the stand, provided the division is seised early enough before the event.
Provisions applied
- Rules of Procedure
- Rule 271.5(a)
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.
Going further
Lexicon: Written procedure (UPC), Court fees and costs (UPC).
Source and translations
- Official source
- Unified Patent Court registry link recorded in the record
- Original language
- not recorded
- Translation available
- no translation recorded the firm’s French record is a summary, not a translation
- Date checked
- not recorded
Follow this case
Proceedings, related decisions, appeals, parties and patents as recorded in the registry and in the Dhenne Avocats corpus. Each link states its source.
Proceedings
Parties
- claimantM-A-S Maschinen- und Anlagenbau Schulz GmbHFollow this party
Decisions in the same proceedings and documented appeals
What the record states
- Nature of the act
- Generic application
- Outcome (Dhenne Avocats summary)
- La demande en contrefaçon peut être signifiée à la défenderesse turque sur son stand du salon PRS Europe à Amsterdam, un stand de salon pouvant constituer un établissement temporaire au sens de la règle 271.5(a).
- Appeal
- No appeal documented in the corpus, this does not mean that no appeal was lodged.
- Instance
- First-instance decision, whether it has become final is not recorded.
Patents mentioned
EP 2 061 575 B1mentioned in: Dhenne Avocats analysis Follow this patent
Patents and standards
| Publication | Role in the dispute | Family | Standard and declaration | Pool | Sources |
|---|---|---|---|---|---|
EP 2 061 575 B1 | Mentioned in the analysis (role not qualified) Also mentioned in 1 other decision(s): M-A-S Maschinen- und Anlagenbau Schulz v Altech Makina Sanayi ve Ticar | not recorded | not recorded | not recorded | Espacenet links not checked mentioned in: Dhenne Avocats analysis |
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