2024-02-28 - 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:
- Application Order
- Parteien:
- ICPillar LLC
Kernaussage: As United Kingdom is a non-EU country, service was effected by the Court in accordance with the Hague Service Convention under R.
2024-02-28 - LD Paris - Icpillar
v.
Arm et al. - UPC_CFI_495/2023
As United Kingdom is a non-EU country, service was effected by the Court in accordance with the Hague Service Convention under R. 274 RoP. It is justified, under R. 275.2 RoP, when service has not been completed yet, to accept the alternative method proposed by the Claimant when he justified having performed service by his own means by sending a letter via FEDEX and DHL and provided a bailiff’s report on the content of the letter sent, the sending and the receipt of this letter
routine
The Paris Local Division, acting through the judge-rapporteur, granted ICPillar's R. 275.2 RoP application for an alternative method of service of the Statement of Claim on four UK ARM-group defendants in a UPC infringement action. Service via the Hague Service Convention route under R. 274.1(ii) RoP had been initiated on 16 January 2024 and the documents received by the UK central authority on 26 January 2024, but had not been completed at the date of the application. The claimant additionally effected service via FedEx/DHL to each defendant's registered address, documented by French bailiff reports and successful signed-for deliveries on 7 February 2024. The rapporteur held that the request was reasoned given the delay, that the alternative method respected the rights of the defence and accorded with the RoP preamble 4 and 5 principles of efficiency and fairness, and that the service so effected qualifies as 'good service' under R. 275.2 RoP; the Statement of Claim was therefore deemed served on 7 February 2024.
Stichwörter
Service, The Hague Convention, Alternative method under R.275.2.