UPC APP 64978/2024

Munich Local Division order on service of a decision by default on a Chinese defendant (Guangzhou Aiyun Yanwu Technology) in provisional measures proceedings brought by air up group GmbH. Service under R. 274 RoP via the Hague Service Convention through Chinese authorities had failed after more than six months (Chinese authority seriously and definitively refusing to process the service). The court held that (1) service rules must be interpreted in accordance with effective legal protection principles, so it must always be possible to establish good service under R. 275.2 RoP; (2) where R. 274 service has failed for the original application, there is no need to attempt R. 274 service again for the subsequent default decision before ordering alternative service under R. 275.2 RoP.