2024-09-11 - LD Munich - Headwater Research v. Motorola et al. - UPC_CFI_127/2024

A distinction must be made between the incorrect designation of a defendant and the designation of a non-existent person or a person who does not have the capacity to be a party as a defendant. If the action is directed against a non-existent person or a person who does not have the capacity to be a party and the claimant later indicates the correct defendant with an address for service, a correction of the party is to be made at the claimant's request by analogous application of Rule 305 RoP.

The Munich Local Division allowed a correction of defendant data by analogous application of Rule 305 because the previously named party did not exist and ordered that service should be effected again. This is one of two parallel orders.