2024-12-09 - LD Munich - air up group v. Guangzhou Aiyun Yanwu Technology - UPC_CFI_508/2023

1. Rule 275.1 RoP also applies if a foreign authority refuses formal service according to the Hague Service Convention seriously and definitively. A serious refusal of service is also given if a request for service is not processed for more than six months without any apparent reason. 2. To be considered as an alternative method of service (Rule 275.1 RoP), the method must be factually and legally possible. 3. According to Rule 275.2 RoP, an unsuccessful attempt to serve documents by means of Rule 274.1 a) (ii) RoP usually is not acceptable as good service. Only if an attempt of service under Rule 274 RoP has failed and service by an alternative method or at an alternative place is neither possible nor reasonable, the court may order that an unsuccessful attempt of service under Rule 274 RoP is good service.

The Munich Local Division issued these three parallel orders regarding service on a Chinese Defendant. The Court stated that not effecting service within 6 months without any apparent reason also constituted a serious refusal of service.