LD Munich, October 12, 2026, Order, UPC-CFI_3452/2026

1. Key takeaways

Alternative service under R. 275.2 RoP may be ordered once formal service attempts fail for reasons attributable to the defendant, provided it is not contrary to the law of the state of service (R. 275.4 RoP)

The Court held that insisting on further formal service, once the defendant had actual knowledge of the claim, would be a mere formality. It also expressly confirmed, as required by R. 275.4 RoP, that the alternative service did not contravene the law of Italy, the state where service was to occur.

Actual knowledge of proceedings can be attributed to a defendant across a corporate group where its management is personally identical with the management of an already-served affiliate