Topics: R. 275 RoP
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LD Munich, December 09, 2024, order re. service, UPC_CFI_508/2023 ACT_597609/2023
Failure of service under R. 274.1 RoP.: Where an application is made under Art. 62 UPCA, it is necessary to serve the application to the defendant to give him the possibility to lodge an objection to the application for provisional measures within a time limit to be specified. Failure of service is given if neither…
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CoA Luxembourg, August 6, 2024, order on service, UPC_CoA_205/2024
A defendant company in China cannot, as a starting point, be served a complaint via a company within the same group in a Contracting Member State: Service within the Contracting Member States is governed by R. 270 through 272 RoP. Service outside the Contracting Member States is instead governed by R. 273 and 274 RoP.…
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CoA Luxembourg, August 5, 2024, order on service in China and Hongkong, UPC_CoA_86/2024
A defendant company in China or Hongkong cannot, as a starting point, be served a complaint via a company within the same group in a Contracting Member State: Service within the Contracting Member States is governed by R. 270 through 272 RoP. Service outside the Contracting Member States is instead governed by R. 273 and…
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LD Munich, 5 February 2024, decision UPC_CFI_498/2023
Electronic service of the statement of claim: Rule 275 RoP does not permit the court to designate someone as person authorised to accept service, if that person has not notified the Registry or the claimant to be willing to accept service of the statement of claim on behalf of the defendant at an electronic address…
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LD Munich, 27 September 2023, procedural order, UPC_CFI_5/2023
Requirements of service by an alternative method: Alternative service (R. 275.2 RoP) is also possible if an attempt of service pursuant R. 270 to 274 RoP has not yet been completed. “Attention” can be assumed under R. 275.2 RoP if either a legal relationship exists in which knowledge is attributed or if specific circumstances exist…
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