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ARTICLE · 17 JUNE 2026

LD Milan, June 8, 2026, Cost Decision, UPC_CFI_2046/2025

Bardehle Pagenberg
Bardehle Pagenberg
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Bardehle Pagenberg

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Where postal service attempts are returned as “Unclaimed”, the passive or disinterested conduct of a defendant cannot obstruct the continuation of proceedings. The ten-day deemed-service rule under R. 271.6(b) RoP applies irrespective of actual collection, provided the document to be served has not failed to reach the addressee.

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1. Key takeaways

Deemed service on a non-responsive foreign defendant: a registered letter is deemed served ten days after posting, regardless of whether it is collected (R. 271.6(b), R. 276.1 RoP).

Where postal service attempts are returned as “Unclaimed”, the passive or disinterested conduct of a defendant cannot obstruct the continuation of proceedings. The ten-day deemed-service rule under R. 271.6(b) RoP applies irrespective of actual collection, provided the document to be served has not failed to reach the addressee.

Service rules for originating pleadings (R. 270–275 RoP) apply by analogy to the application for a cost decision under R. 150 et seq. RoP.

Although R. 270.2 RoP limits the originating-pleading service rules to actions listed in Art. 32(1) UPCA – which does not expressly mention cost proceedings – the Court held that the application for a cost decision is, in substance, the originating pleading of the cost proceedings, thereby filling a

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