Rule 274 – Service outside the Contracting Member States

1. Where a Statement of claim is to be served outside the Contracting Member States, it shall be so served by the Registry

(a) by any method provided by:

(i) The law of the European Union on the service of documents in civil and commercial matters [Regulation (EU) 2020/1784] where it applies;

(ii) The Hague Service Convention or any other applicable convention or agreement where it applies; or

(iii) to the extent that there is no such convention or agreement in force, either by service through diplomatic or consular channels from the Contracting Member State in which the sub-registry of the relevant division is established;

(b) where service in accordance with paragraph 1(a) could not be effected by any method permitted by the law of the state where service is to be effected or as authorised by the Court under Rule 275.

2. No Statement of claim may be served under this Rule 274 in a manner which is contrary to the law of the state where service is effected.

3. The Registry shall inform the claimant of the date on which the Statement of claim is deemed served under paragraph 1.

4. The Registry shall inform the claimant if for any reason service pursuant to paragraph 1 cannot be effected.

Case law:

IPPT20240212, UPC CFI, LD Paris, ICPillar v ARM
Alternative method of service of Statement of Claim (Rule 275(1) RoP). As regards Poland service under section 1 or 2 could not be effected. Court authorizes three alternative methods, which appear to be good service and comply with the law of the country where service is to be effected (Rule 275(4) RoP), as they comply with the EU Service Regulation (EU 2020/1784). The date on which the Statement of Claim is deemed to have been served is the date of effective delivery of the letter to this defendant at his legal address.  As regards service in the United Kingdom the criteria under Rule 275(1) RoP […] are not met at this stage of the procedure. Service under Rule 274(1)(ii) ROP (Hague Service Convention) is still in progress and the delay of 10 days from the date of sending the registered letter is still reasonable. Therefore, the request under Rule 275(1) regarding service on the UK entities will be dismissed.