UPC CoA 205/2024

At the UPC: Nera Innovations Ltd. (7 cases)·Xiaomi Group (92 cases)

• 2024-08-06
  Appeal RoP220.2Public

  Summary: Court of Appeal upheld Hamburg Local Division's refusal to allow service of a statement of claim on Chinese Xiaomi entities (Xiaomi Communications Co. Ltd. and Xiaomi Inc.) via their German/Dutch group companies in Nera Innovations Ltd. v. Xiaomi entities (EP 2 642 632). The court held: (1) service on a Chinese-domiciled defendant cannot be made via a group company in a contracting member state without more, because the corporate separation principle applies; (2) service must first be attempted via the Hague Service Convention (R. 274.1(a)(ii) RoP); (3) alternative service (R. 274.1(b), R. 275 RoP) is available only after Hague Convention attempts.

  Show the legal issues (3)

  • Service of statement of claim on defendants in China (R. 273, 274 RoP)
  • Hague Service Convention requirement before alternative service
  • Corporate separation principle preventing service via group company
• 2024-06-04
  Public

  Summary: The Court of Appeal (second panel) addressed Nera Innovations' request for partial withdrawal of its appeal against two of four Xiaomi defendants, establishing principles on when partial withdrawal of an appeal is permissible under R. 265 RoP and whether the other parties have legitimate interests in a full decision.

  Show the legal issues (3)

  • Partial withdrawal of appeal R. 265 RoP
  • Legitimate interests of respondents
  • Service of proceedings on foreign defendants