Key takeaways
If a statement of claim is to be served under The Hague Convention and, according to the competent Chinese authority, the defendant “refuses to accept the documents,” the Court may deem the steps taken so far to be sufficient for good service
The Court attempted to serve the SoC on Defendants domiciled in China pursuant to The Hague Convention and in accordance with R. 274.1 (a) (2) of the RoP. However, the competent Chinese authority stated in each case the “[t]he recipient refused to accept the documents.” The Court found that the refusal of service without giving any reason by a defendant strongly indicates that other alternative methods will also be rejected, making further service attempts prior to a R. 275.2 RoP order unnecessary.
R. 275.2 RoP permits immediate and adequate service, bypassing the need for service by an alternative method or at an alternative location under R. 275.1 RoP, provided no other alternative service options are available
Although Claimant had requested service by public notice and the SoC to be deemed served 30 days after such notice, the Court directly ruled that the steps already taken to bring the SoC to Defendants’ attention constituted good service under R. 275.2 RoP. The Court thereby reaffirmed its prior case law, holding that where no viable alternative service options exist, an order under R. 275.1 RoP is not applicable.
An order under R. 275.2 RoP is consistent with Civil Procedure Law of the People´s Republic of China
The Court found R. 275.4 RoP to be satisfied since Art. 95 of the Civil Procedure Law of the People´s Republic of China permits “public service” as an alternative method for service.
Division
Local Division Düsseldorf
UPC number
UPC_CFI_209/2026
Type of proceedings
Procedural order on service
Parties
Claimant:
LiNA Medical AG (represented by Carl-Alexander Dinges, Daniel Hoppe, Konstantin Schallmoser, and Dr. Alexander Harguth)
Defendants:
Tonglu Qianyan Medtech Co., Ltd.
Mr. Sam Lee
Eunitor GmbH
Patent(s)
EP 2 593 025 B1
Jurisdictions
UPC
Body of legislation / Rules
Rule 274.1 RoP, Rule 275.1 RoP, Rule 275.2 RoP, Rule 275.4 RoP, Art. 95 of the Civil Procedure Law of the People’s Republic of China
