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UPC APP 64018/2024
—·EP3655341: DRINKING DEVICE
- Case details
- Status—ActionProcedural applicationCategoryOther Procedural
- Parties
- Respondents
- Division
- Munich LD
- Judges
- Tobias Pichlmaier · Judge-rapporteur
- Technology
- Furniture & Household
- Language
- —
- First decided
- Dec 9, 2024
Decisions
- 2024-12-09Generic application
The Local Division Munich held that R.275.1 RoP requires an attempt at alternative service even when formal service under the Hague Convention has been seriously and definitively refused, but that alternative service can be dispensed with only if legally and factually impossible; since no alternative was available, the court was unable to order good service under R.275.2 without first exhausting other options.
Legal issues:Service abroad (R.274-275 RoP)Hague Service Convention refusalAlternative service requirementGood service under R.275.2 RoP - 2024-12-09Generic application
Duplicate document of the same order issued on 9 December 2024 by the Local Division Munich concerning alternative service: the court held that alternative service must be attempted before resorting to R.275.2 RoP, unless no legally and factually possible alternative exists.
Legal issues:Service abroad (R.274-275 RoP)Hague Service Convention refusalAlternative service requirementGood service under R.275.2 RoP
Documents
- 48776B43173CFDDA143A39BAEEA3E1A3_en.pdf2024-12-09EN
- 48776B43173CFDDA143A39BAEEA3E1A3_en_0.pdf2024-12-09EN