UPC: When Is Attempted Service Good Service?

In two recent decisions issued by the Munich Local Division of the UPC (UPC_CFI_508/2023, UPC_CFI_509/2023), judge-rapporteur Pichlmaier found that unsuccessful attempts to serve application documents for a preliminary injunction on the defendant can constitute good service. After the initial filing of an application for interim measures, service on the defendant domiciled in China was arranged according to the Hague Service Convention, which provides an option for service outside UPC Member States according to Rule 274.1 RoP. Although the receipt of the service documents by the competent Chinese authority was confirmed by the postal tracking number, the UPC's registry received no reply regarding the status of service despite multiple inquiries to this effect. Further, the consent of the recipient required under Chinese law for electronic service could not be obtained as inquiries regarding the possibility of service by email had also remained unanswered. Accordingly,