Home » UPC decisions » Local Division » Mannheim Local Division » LD Mannheim, 8 September 2023, procedural order re. alternative method of service, UPC_CFI_219/2023

LD Mannheim, 8 September 2023, procedural order re. alternative method of service, UPC_CFI_219/2023

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Key takeaways

R. 270 to 274 RoP do not provide for the possibility of service at a place of business within the Contracting Member States for defendants having their seat outside thereof; R. 271.5 RoP allows for service at a place of business only for defendants having their seat within a Contracting Member State.

R. 275.2 RoP cannot be interpreted as permitting alternative service without first having attempted service in accordance with the applicable principles for service abroad.

R. 275.2 RoP is an exceptional provision: Only if service was attempted in accordance with sections 1 and 2 but was unsuccessful and alternative service was then ordered on request in accordance with R. 275.1 RoP, R. 275.2 RoP applies. If the alternative service ordered was also unsuccessful, it opens up the possibility in the individual case, as ultima ratio, of allowing steps already taken to suffice service.

R. 275.2 RoP does not allow to disregard the international treaties binding the Contracting Member States, such as the Hague Service Convention, and to consider service to have been effected on the basis of an imputation of knowledge within a corporation.

Division

LD Mannheim

UPC number

UPC_CFI_219/2023

Type of proceedings

Infringement Action

Parties

Panasonic Holding Corporation vs. Xiaomi Technology Germany GmbH

Patent(s)

EP 2 568 724

Jurisdictions

Place jurisdictions

Body of legislation / Rules

Rule 275 RoP


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  • Anita Peter

    Attorney-at-Law (Rechtsanwältin), LL.M., Senior Associate

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