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ARTICLE · 12 NOVEMBER 2026

CoA, November 2, 2026, Decision On Application To Set Aside A Decision By Default, UPC_CoA_935/2025

Bardehle Pagenberg
Bardehle Pagenberg
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Alternative service under R. 275 RoP need not mirror the domestic service methods of the State of destination (R. 274.1(b), R. 275.4 RoP)

GermanyIntellectual Property

1. Key Takeaways

Alternative service under R. 275 RoP need not mirror the domestic service methods of the State of destination (R. 274.1(b), R. 275.4 RoP)

An alternative method authorised under R. 275 RoP need not be a method prescribed by the internal law of the State of destination for the service of documents in domestic proceedings. Otherwise, the reference in R. 274.1(b) RoP to an alternative method authorised under R. 275 RoP would have no autonomous meaning.

Deemed service and actual service are distinct concepts

A determination under R. 275.3(b) RoP that the Statement of claim is deemed served on a particular date does not, by itself, establish actual service within the meaning of R. 277(b) RoP. Actual service may nevertheless be established independently on the basis of the factual circumstances underlying that determination.

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