LD Munich, 14 April 2025, Procedural Order, UPC_CFI_119/2025

1. Key takeaways

Service of legal documents does not require actual physical receipt

As per Rule 271.6.b RoP, service is deemed effective even if physical acceptance of a document is refused, as long as the addressee was properly notified and had a reasonable opportunity to collect it.

In this case, the defendant's inaction in collecting the statement of claim was considered a refusal of acceptance, leading to deemed service.

The date of deemed service is crucial for determining deadlines, including the deadline for statement of defence (Rule 271.6.b RoP)

The court deemed the statement of claim served on the tenth day following its initial posting.

The defendants were then given a deadline to file their statement of defence.