2026-04-30 - LD Milan - GUALA PACK v. LD Packaging (Foshan) - UPC-CFI-0000840/2026

Was ist diese UPC-Entscheidung?

Zusammenfassung: On an application under R. 271 RoP in a pending infringement action, the Milan Local Division (single judge Perrotti) ordered that the statement of claim be served on a China-domiciled defendant at its stand at the Interpack trade fair in Düsseldorf. The Court held that operating a stand at a trade fair for commercial purposes constitutes a 'temporary place of business' within the Contracting Member States under R. 271.5(a) RoP, bringing the matter within the intra-CMS service regime (R. 270 et seq.). Working through the R. 271.4 hierarchy, it found that neither electronic service (R. 271.1) nor any method under Regulation (EU) 2020/1784 (R. 271.4(a)) could be effected in time before the fair closed, and that Art. 20 of that Regulation (direct service) is limited to party-instigated service and not available on the Court's request. It therefore fell back to R. 271.4(b) RoP, applying German national law (ZPO §§ 168, 176) to authorise service by a Gerichtsvollzieher. Parallel Hague-Convention service already under way (R. 273 et seq.) did not bar this additional route.

Quelle und Fundstellen

Quelle: UPC Website

Aktenzeichen: UPC-CFI-0000840/2026