UPC CFI, LD Munic, 9 december 2024: Service of Statement of claim on Chinese defendant deemed effective

19-01-2025 Print this page
Editor:
Dick van Engelen
IPPT20241209, UPC CFI, LD Munich, air up v Guangzhou Aiyun

Service of Statement of claim deemed effective as of the date of this order. Steps taken constitute good service ((R. 271 RoP, R. 275 RoP). 

Service by alternative method or at alternative place service (Rule 275.1 RoP). 

  • Also applies if the foreign authority refuses service seriously and definitively […]. A serious refusal of service can also be assumed if a request for service is not processed for more than six months without any apparent reason. 
  • An attempt of alternative service can only be dispensed with if there is no legally and factually possible alternative for service. 
  • No other admissible alternative means of service; in particular, China has opposed to send judicial documents directly to persons in China by postal channels 

 

IPPT20241209, UPC CFI, LD Munich, air up v Guangzhou Aiyun

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