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UPC CoA 69/2024
—·EP2645714 +1 more: Video decoding device, video decoding method, and program
- Case details
- Status—ActionAppealCategoryMain Appeal
- Parties
- 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
- Jul 29, 2024
Decisions
- 2024-07-29DismissedAppeal decisionAppeal RoP220.2
Court of Appeal rejected NEC's appeal against the Munich Local Division's refusal to permit service on Chinese and Hong Kong TCL companies by email or by public notice. The CoA held that: (1) service by email to a person not authorised to accept service is invalid; (2) public service at a UPC Local Division is not yet permissible at that stage; (3) attempts at service via the Hague Convention must normally be exhausted before alternative methods are permitted. NEC's appeal was rejected.
Legal issues:Service of claim on defendants in China/Hong Kong (R.273, R.274 RoP)Hague Convention service requirementsService by email to unauthorised personPublic service at UPC Local DivisionR.275 alternative service methods
Documents
- NEC%20vs%20TCL%20final%20order%2029%20July_%20anonymized.pdf2024-07-29ENGLISH