UPC CFI, LD Dusseldorf, 16 October 2025: Good service of application for provisionale measures upon Chinese defendant

Good service of application for provisional measures upon Chinese defendant: credible demonstration of correct address (R. 275.2 RoP, R. 209.1(a) RoP). 

According to its wording, R. 275.2 RoP concerns the service of the statement of claim and, therefore, the proceedings on the merits. However, given the urgent nature of the application for provisional measures, the option to consider the steps already taken as good service must apply all the more so for the Defendant’s information about the application for provisional measures and its invitation to lodge an objection (R. 209.1(a) RoP). 

Applicant has sufficiently demonstrated that the provided address is correct. However, the Chinese authorities did not serve the application for provisional measures to this address. Instead, three and a half months after they had received the documents for service via the website provided by the Chinese authorities for this purpose, they only responded to an inquiry by stating without further explanation that the respondent did not exist at the provided address. This justifies considering the steps taken so far as proper service.

IPPT20251016, UPC CFI, LD Düsseldorf, HP v Zuhai and Rentmeister