2026-07-20 - LD Düsseldorf - LiNA Medical v. Tonglu Qianyan Medtech et al. - UPC-CFI-0000209/2026

If a statement of claim is to be served under The Hague Convention and, according to the competent Chinese authority, the defendant “refuses to accept the documents,” the Court may deem the steps taken so far to be sufficient for good service

The Düsseldorf Local Division (Judge Dr Rinken as judge-rapporteur) held that where the Statement of Claim is to be served on defendants domiciled in China under the Hague Service Convention and the competent Chinese authority reports that "the recipient refused to accept the documents", the Court may declare under R. 275.2 RoP that the steps already taken constitute good service. A serious and final refusal, given without reason and after a fair opportunity to learn the content of the claim, is a strong indication that other methods of service will also not be accepted, so no further attempt at an alternative method is required before the order is made. The Court further held that there was no scope for an order under R. 275.1 RoP because no other apparent alternative service options existed, and that R. 275.4 RoP was satisfied because Art. 95 of the Civil Procedure Law of the People's Republic of China itself permits public service as an alternative method. The order continues the Düsseldorf and Mannheim line on R. 275.2 RoP in China-service constellations and extends it from stalled service to expressly refused service.