UPC CoA 183/2024

At the UPC: Daedalus Prime LLC (10 cases)·MediaTek Group (20 cases)

• 2024-08-06
  Appeal RoP220.2Public

  Summary: Order from the Court of Appeal (UPC_CoA_183/2024) addressing service of a Statement of Claim on defendants based in China and Taiwan. The Court held that a group company in a Contracting Member State cannot automatically be used to serve Chinese or Taiwanese parent companies; Hague Convention procedures must normally be attempted first for China, and diplomatic/consular channels for Taiwan, before alternative methods are permitted.

  Show the legal issues (4)

  • Service on defendants in China and Taiwan (R. 273, R. 274 RoP)
  • Hague Service Convention
  • Service via group company
  • Alternative methods of service
• 2024-06-04
  Public

  Summary: Court of Appeal (4 June 2024) rejected Daedalus Prime LLC's application to partially withdraw its appeal as against Xiaomi NL and Xiaomi DE only. The CoA held that those respondents had been served, had responded to the appeal, and had a legitimate interest in having the appeal adjudicated in relation to them, so partial withdrawal would impermissibly deprive them of their right to be heard.

  Show the legal issues (3)

  • Partial withdrawal of appeal (R. 265 RoP)
  • Right to be heard
  • Respondents' legitimate interest
• 2024-05-01
  Application RoP 333Public

  Summary: Court of Appeal (Second Panel) dismissed Daedalus Prime LLC's request for panel review of an order refusing extension of time for the Statement of Grounds of Appeal. The panel found no grounds to deviate from the judge-rapporteur's order, holding that the desire to present a thorough analysis or obtain a legal opinion does not justify extension.

  Show the legal issues (3)

  • Panel review (R. 333 RoP)
  • Extension of time for Statement of Grounds of Appeal (R. 224.2, R. 9.3 RoP)
  • Exceptional circumstances for extension