Key takeaways
Proper service of application of provisional measures when service via the official route fails
If an application for provisional measures is to be served under the Hague Convention, and the authority responsible for the service does not effect service for several months, the Court may deem the steps taken so far sufficient for proper service.
This applies in any case where the applicant has credibly demonstrated that the address at which service was attempted is correct, and that attempts to contact the responsible service authority as well as attempts to inform the Defendant of the application for provisional measures outside of the Court, have failed.
Division
LD Düsseldorf
UPC number
UPC_CFI_515/2025
Type of proceedings
Application for provisional measures
Parties
Applicant:
Hewlett-Packard Development Company, L.P.
Defendants:
Andreas Rentmeister e.K.
Shenzhen Moan Technology Co., Ltd
Patent(s)
EP 3 835 965 B1
Body of legislation / Rules
R. 275.2 RoP
