2024-02-12 - LD Paris - Icpillar v. Arm et al. - UPC_CFI_495/2023
- Aktenzeichen:
- UPC_CFI_495/2023
- Datum:
- Spruchkörper:
- Court of First Instance - Paris (FR) Local Division
- Art:
- Procedural Order
- Parteien:
- ICPillar LLC v. ARM Limited Apical Limited Arm Poland Sp. z.o.o Simulity Labs Limited Hyperglance limited SVF Holdco
Kernaussage: The Court authorizes an alternative method of service (R.
2024-02-12 - LD Paris - Icpillar
v.
Arm et al. - UPC_CFI_495/2023
The Court authorizes an alternative method of service (R. 275.1 RoP) only if the service could not be effected. The method already effected by the Court is not considered to constitute an alternative method. The Hague Service Convention: If the registered letter has been received by the Central Authority, a delay of 10 days from the date of sending the registered letter shall not be considered as a failure of service.
routine
The Paris Local Division partially granted ICPillar's application under R. 275.1 RoP for alternative service of the Statement of Claim on ARM group defendants. The Court authorised three bailiff-based methods for service on Arm Poland after a registered letter sent via R. 271.4(a) RoP failed, but dismissed the application as to UK entities on the basis that service via the Hague Service Convention (R. 274.1(ii) RoP) was still in progress. A 10-day delay from sending the registered letter to the UK Central Authority was held not to constitute 'service could not be effected' under R. 275.1 RoP. The Court also clarified that a method the Court has already attempted cannot itself be authorised as an 'alternative method'.
Stichwörter
Alternative method of service (R. 275.1 RoP)