2023-08-14 - LD Munich - Edwards Lifesciences v. Meril - UPC_CFI_249/2023

Was ist diese UPC-Entscheidung?

Zusammenfassung: Munich LD (Judge Zigann, sitting with LQ judges Pichlmaier and Kokke and TQJ Papa) granted Edwards Lifesciences' Rule 275.2 RoP application for an order that service on the first of two co-respondents (Meril GmbH) in the PI proceedings counts as valid alternative service on the second co-respondent (Meril Life Sciences Pvt Ltd, India). Both respondents were represented by the same counsel who had committed by e-mail to accept CMS service for both on 07.08.2023; a CMS malfunction produced duplicate access codes, preventing technical acceptance for respondent 2. The Court held that Rule 275.2 RoP permits the JR (during the written procedure under Rules 205.a and 331.1 RoP) to order that steps already taken to bring pleadings to the defendant's knowledge constitute valid alternative service, provided Rule 275.4 RoP is respected — i.e., the alternative service must not be incompatible with the law of the State concerned. German procedural law (§ 189 ZPO) expressly provides for the cure of service defects upon actual receipt, which mirrors the facts here; accordingly, Rule 275.4 RoP posed no obstacle. Leave to appeal was refused under Rule 220.2 RoP because the application was uncontested.

Stichwörter: Beklagtenmehrheit, CMS-Fehlfunktion, alternative Zustellung

Quelle und Fundstellen

Quelle: UPC Website

Referenz: ORD 562104/2023

Aktenzeichen: UPC_CFI_249/2023