UPC CFI LD Munich, 5 February 2024: Alternative method of service requires an unsuccesful attempt
13-02-2024 Print this page
Alternative method of service of Statement of claim requires an unsuccessful attempt (Rule 275 RoP).
Court cannot designate someone as a person authorised to accept service for a defendant.
Alternative method of service of a statement of claim always requires an actual (“real”) but unsuccessful attempt of service, not sufficient that service is presumptively not possible or cannot be effected because of known deficiencies of service according to the Hage Convention in certain countries. The claimant's auxiliary request refers to RoP 275.1. According to RoP 275.1, the court may permit service by an alternative method or at an alternative place if service in accordance with Section 1 or 2 could not be effected. (see: Local Division Mannheim, 8 Becember 2023, CFI_219/2023, IPPT20231208)
Potential breach of FRAND obligation irrelevant in the context of Rule 275 RoP.
