LD Düsseldorf, October 16, 2025, Order Re. Service Of PI Request Under The Hague Convention

1. Key takeaways

If an application for provisional measures is to be served under the Hague Convention, and the authority responsible for the service informs the Court several months after the request that service cannot be effected because the defendant does not exist at the provided address, the Court may deem the steps taken so far sufficient for proper service, provided that the applicant has credibly demonstrated that the address at which service was attempted is correct.

The Court ordered in accordance with R. 275.2 RoP that the steps already taken to bring the application for provisional measures to the attention of the defendant – here: fulfilling all requirements for service under the Hague Convention and asking the Defendant to voluntarily accept service – be regarded as good service, after the Chinese authorities had not disputed that the requirements under the Hague Convention were fulfilled but, instead, had merely informed the Local Division after