2025-10-16 - LD Düsseldorf - HP v. Zhuhai ouguan Electronic Technology et al. - UPC_CFI_449/2025
- Aktenzeichen:
- UPC_CFI_449/2025
- Datum:
- Spruchkörper:
- Court of First Instance - Düsseldorf (DE) Local Division
- Art:
- Order
- Parteien:
- Hewlett-Packard v. Zhuhai ouguan Electronic Technology Co.
Kernaussage: If an application for provisional measures is to be served under the Hague Convention, and the authority responsible for the service informs the Court several months after the request that service cannot be effected because the defendant does not exist at the provided address, t…
2025-10-16 - LD Düsseldorf - HP
v.
Zhuhai ouguan Electronic Technology et al. - UPC_CFI_449/2025
If an application for provisional measures is to be served under the Hague Convention, and the authority responsible for the service informs the Court several months after the request that service cannot be effected because the defendant does not exist at the provided address, the Court may deem the steps taken so far sufficient for proper service, provided that the applicant has credibly demonstrated that the address at which service was attempted is correct.
notable
The Düsseldorf LD ordered that the steps already taken to bring a PI application to the attention of a Chinese defendant constitute good service under R. 275.2 RoP. Although R. 275.2 textually refers to service of the statement of claim (merits proceedings), the court held it applies a fortiori to PI applications given their urgent nature. The Hague Convention service to China had failed after 3.5 months with a bare statement that no such company exists at the provided address, despite the applicant credibly demonstrating the address was correct via Amazon, ICO Report, and Chinese corporate databases. The Art. 15(2) Hague Convention six-month time limit does not apply without restriction in PI proceedings.
Stichwörter
ENGLISH:
R. 275.2 RoP; service; alternative method; application for provisional measures