UPC CFI, LD Munich, 21 January 2025: Good service of default provisional injunction

Not necessary to attempt to serve decision by default in accordance with R. 274 RoP before an order that steps  taken is good service (R. 275.2 RoP) 

• where the application for a provisional measure could not be served in accordance with R. 274 RoP and 
• there is no indication that the decision by default can be served in accordance with R. 274 RoP. 

Pursuant to the principle of effective legal protection it must always be possible to establish good service, at least in accordance with R. 275.2 RoP . Consequently, neither the ordering nor the enforcement of provisional measures under Article 62 UPCA can be frustrated by the fact that an application for a preliminary injunction or a court order issued in accordance with such an application cannot be served.

IPPT20250121, UPC CFI, LD Munich, air up v Guangzhou Aiyun