UPC_CFI_119/2025_Apr14_Service – Shanghai v Longi
- Court
- Local Division Munich
- Date
- Outcome
- Granted
- Sector
- Other
- Decision Type
- PROCEDURAL
Expert Commentary
Service Facts Defendants 1, 5, 6 were served. Defendant 4 was informed by the German Post Office (after they were sent a registered letter with acknowledgement of receipt which they did not accept) that they could pick up the documents for a period of two weeks but failed to do so. For Defendants 2, 3 and 5 service is still outstanding. Request The claimant requested the Court to order that Defendant 4 (a German company) would be deemed validly served. The Judge Rapporteur (JR) Referring to R. 271.6.b RoP, the JR rules that Defendant 4 is validly served. Comment The German Patent Office stated that “the recipient has been notified”. What does that mean? I suspect that that is a simple card in the letterbox stating that the documents can be collected for a period of the upcoming 14 days. There is no guarantee that defendant 4 was actually aware or could have known (for instance because they refused receipt) that they have been sued. I have serious doubts whether that should be deemed a valid service.
Full Decision Text
Procedural Order of the Court of First Instance of the Unified Patent Court Local Division Munich issued on 14 April 2025 CLAIMANTS 1) Shanghai Jinko Green Energy Enterprise Management Co., Ltd. 5/F, No. 277 Huqingping Road, Minhang District - 201105 - Shanghai – CN 2) Zhejiang Jinko Solar Co., Ltd. No. 58, Yuan Xi Road Yuan Hua Town - 314416 - Haining, Zhejiang - CN represented by: Marco Scheffler (Gulde & Partner) DEFENDANTS 1) LONGi Solar Technologie GmbH Bockenheimer Landstr. 51-53 - 60325 - Frankfurt am Main – DE represented by: Benjamin Schröer (Hogan Lovells) 2) LONGi Green Energy Technology Co. Ltd. No.388 Hangtian Middle Road, Chang'an District, Xi'an City, Shaanxi Province 710100, PR China represented by: ./. 3) LONGI SOLAR FRANCE SARL. 3 RUE SAINT-GEORGES - 75009 - PARIS – FR represented by: ./. Local Division Munich UPC_CFI_119/2025 UPC_CFI_119/2025 2 4) Soltech Energy GbR Kolberger Straße 4 - 13357 - Berlin – DE represented by: ./. 5) Longi (Netherlands) Trading B.V. Boompjes Xb - 3011 40 - Rotterdam – NL represented by: ./. 6) Energy3000 solar GmbH Industriestraße V/1 - 7052 - Müllendorf - AT represented by: Benjamin Schröer (Hogan Lovells) PATENT AT ISSUE European patent n° 4 372 829 PANEL/DIVISION Panel 1 of the Local Division Munich DECIDING JUDGE/S This order has been issued by the Presiding Judge Dr. Matthias Zigann acting as judge-rapporteur. LANGUAGE OF THE PROCEEDINGS English SUBJECT-MATTER OF THE PROCEEDINGS Service on defendants SUMMARY OF FACTS The statement of claim was lodged on 20 February 2025. Defendants 1), 5) and 6) were served on 14 March 2025. Defendants 1) and 6) are currently represented by Benjamin Schröer (Hogan Lovells). No UPC representative has been appointed for the other defendants. Defendant 4) was served by Deutsche Post under reference number RJ818922452DE112. It was returned to the Court on Tuesday 4 March 2025. On Monday, 10 March 2025, the following status message can be read at Deutsche Post: „Der Empfänger wurde benachrichtigt. Die Sendung liegt zur Abholung in der zuständigen Filiale der Deutschen Post bereit.“ Translation in English: "The recipient has been notified. The item is ready for collection at the local Deutsche Post office". UPC_CFI_119/2025 3 The defendant 4) did not collect it. After two weeks, it was returned to the Court. The Court received it on 24 March. The phrase "nicht abgeholt" (translated into English as "unclaimed") is written on the postage. The bottom of the item was open and the post office had to seal it in a transparent envelope. A photograph of the item as we received it is attached to this statement from the Registry dated 27 March 2025. Proof of service is still outstanding for defendants 2), 3) and 5). REQUESTS BY THE PARTIES Claimants request: 1. Recognize the attempted service on Defendant 4 as valid and completed in accordance with the Rules of Procedure; or, alternatively, 2. Authorize substituted service pursuant to Rule 275 RoP by an alternative method as proposed by the Claimants, with the aim of securing procedural efficiency and fairness. GROUNDS FOR THE ORDER Pursuant to Rule 271.6.b RoP (b) where service takes place by registered letter with acknowledge- ment of receipt or equivalent such letter shall be deemed to be served on the addressee on the tenth day following posting unless it has failed to reach the addressee, has in fact reached him on a later date or the acknowledgement of receipt or equivalent has not been returned. Such service shall, except where paragraph 8 applies, be deemed effective even if acceptance of the letter has been refused. The last alternative is the situation here. Defendant 4) was informed of the delivery on 10 March 2025, the statement of claim was made available for collection at the local branch of the Deutsche Post, he did not collect it within the following two weeks, nor did he inquire about it later at the Deutsche Post. Acceptance of the letter was therefore refused. No notification pursuant to Rule 271.8 of the Rules of Procedure was filed. The statement of claim is therefore deemed to have been served on the defendant 4) on the tenth day after posting (4 March 2025), on 14 March 2025. ORDER 1) The statement of claim is deemed served on defendant 4), Soltech Energy GbR, on 14 March 2025 by registered letter. 2) The statement of defence is to be filed by defendant 4) by 16 June 2025. INSTRUCTIONS TO THE REGISTRY 1. The statement of claim is deemed served on defendant 4) on 14 March 2025 by registered letter. 2. This date is to be entered into the CMS. UPC_CFI_119/2025 4 DETAILS OF THE ORDER Order no. ORD_16018/2025 in ACTION NUMBER: ACT_7567/2025 UPC number: UPC_CFI_119/2025 Action type: Infringement Action Dr. Zigann Presiding Judge
Key Holdings
- Defendant deemed served after notification by post office (R. 271.6.b RoP).
- Failure to collect registered letter does not invalidate service.
Tags
- Default Judgment
- Germany
- Service