Chachani Misti y Pichu Pichu SRL v Hostplanet Ltd & Anor

Chachani Misti y Pichu Pichu SRL v Hostplanet Ltd & Anor

The Second Defendant's email response constituted conduct in the court proceedings sufficient to prove receipt of the claim form in time to arrange his defence, thereby curing procedural defects under Article 18(2) and permitting issuance of the EEO despite the unknown physical address.

Parties
Claimant: Chachani Misti y Pichu Pichu SRL; Defendant: Hostplanet Limited; Defendant: Finn Grimpe
Jurisdiction
England and Wales
Judgment Date
29 April 2016
Procedural Posture
Application / Judgment
Outcome
application granted
Legal Topics
European Enforcement Order, Default Judgment, Service of Process, Copyright Infringement
Civil Procedure Intellectual Property European Union Law European Enforcement Order Default Judgment Service of Process Copyright Infringement

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Parties

Chachani Misti y Pichu Pichu SRL

Claimant

Hostplanet Limited

Defendant

Finn Grimpe

Defendant

Procedural Posture

Application / Judgment

Legal Issues

  1. 1 Whether an EEO can be issued where the debtor's physical address is unknown
  2. 2 Whether conduct in court proceedings can cure procedural defects under Article 18(2) of Regulation (EC) No 805/2004

Ratio Decidendi

The Second Defendant's email response constituted conduct in the court proceedings sufficient to prove receipt of the claim form in time to arrange his defence, thereby curing procedural defects under Article 18(2) and permitting issuance of the EEO despite the unknown physical address.

Court Disposition

application granted

Orders

  • European Enforcement Order to be issued in respect of the judgment of 8 March 2016 against the Second Defendant