2025-01-21 - LD Munich - air up group v. Guangzhou Aiyun Yanwu Technology - UPC_CFI_508/2023

1. The rules on service in the Rules of Procedure must be interpreted in accordance with the principle of effective legal protection. It must therefore always be possible to establish good service, at least in accordance with Rule 275.2 of the Rules of Procedure. 2. Where it has not been possible to serve the application for a provisional measure in accordance with Rule 274 of the Rules of Procedure and where there is no indication that the decision by default, which is issued subsequently in the same proceedings, can be served in accordance with Rule 274 of the Rules of Procedure, it is not necessary to attempt to serve the decision by default in accordance with Rule 274 of the Rules of Procedure before an order is made under Rule 275.2 of the Rules of Procedure.

The Munich Local Division issued two parallel orders related to previous decision by default against a Chinese entity. The Court stated that the publication on the website would be sufficient for service as ordinary means of service had no chance of success.