APL 10370/2024
—·EP2207270: WIRELESS COMMUNICATION BASE STATION APPARATUS, AND WIRELESS COMMUNICATION MOBILE STATION APPARATUS AND CONTROL CHANNEL ALLOCATION METHOD
- Case details
- Status—ActionAppealCategoryMain Appeal
- Parties
- Respondents
- Xiaomi Technology Germany GmbH
- Xiaomi Technology France S.A.S.
- Xiaomi Technology Italy S.R.L.
- Xiaomi Technology Netherlands B.V.
- Odiporo GmbH
- Shamrock Mobile GmbH
Reps: Corin Gittinger (Freshfields Bruckhaus Deringer) - Division
- Court of Appeal
- Judges
- Rian Kalden · Presiding Judge and Judge-Rapporteur
- Ingeborg Simonsson · Legally Qualified Judge
- Patricia Rombach · Legally Qualified Judge
- Technology
- Telecommunications
- Language
- —
- First decided
- Aug 6, 2024
- 2024-08-06Appeal decisionAppeal RoP220.2
The Court of Appeal (Panel 2) ruled on service of the statement of claim on Xiaomi defendants in China and Hong Kong in Panasonic Holdings Corporation v Xiaomi (UPC_CoA_86/2024, EP 2 207 270). The Court held that service on a Chinese or HK group company cannot automatically be effected through a related group company in a Contracting Member State — such a company cannot be treated as the registered office, head office, or principal place of business, nor as a permanent or temporary business establishment under R. 271.5(a) RoP. Service attempts in China via the Hague Service Convention must normally be made before alternative service methods or alternative locations under R. 275 RoP are permitted.
Legal issues:Service of claim on defendants in China and Hong Kong under R. 271–275 RoPHague Service Convention complianceService via group/affiliated companiesR. 271.5(a) RoP — principal place of business
- E87A359B97102EA3DB921C586F73B7E5_de.pdf2024-08-06DE