UPC CFI LD Mannheim, 31 July 2024: Court order replacing service of Statement of claim
06-08-2024 Print this page
Order replacing service (Rule 275.2 RoP).
Ordered that the steps already taken as described above constitute legally valid service.
Otherwise, service would be impossible due to the defendant's refusal to mandate the legal representatives in the main proceedings, although it was easily able to do so in the parallel cases before the Local Chamber in Munich, as well as the refusal of the national receiving authority responsible under the HZÜ, which is contrary to international law.
If such steps are not promising for the reasons mentioned above, Rule 275.2 of the Rules of Procedure is also applicable if, after an attempt at formal service in accordance with Rules 270-274 of the Rules of Procedure, no further alternative attempt at service in accordance with Rule 275.1 of the Rules of Procedure has previously been made.
