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Main Details:

Case number
UPC_CoA_69/2024
Registry number
APL_8972/2024
Date
Parties
NEC Corporation
v.
TCL Industrial Holdings Co., Ltd., TCL Communication Technology Holdings Ltd., TCL Overseas Marketing Ltd.
Order/Decision reference
N/A
Type of action
Appeal RoP220.2
Language of Proceedings
English
Court - Division
Court of Appeal - Luxembourg (LU)

Headnotes:

A defendant company in China or Hong Kong cannot be served a Statement of claim by email to a person who is not authorised to accept service. Neither can such service be made by public service in the form of a written notice to be displayed in the publicly accessible premises of a UPC Local Division at this stage. Attempts to serve in China by any method provided for by the Hague Convention pursuant to R.274.1(a)(ii) RoP shall normally be made before service by other means (R.274.1(b) RoP) or by alternative methods or at an alternative place (R.275 RoP) is permitted.

Keywords:

Service, Regulation (EU) 2020/1784, the Hague Convention, Service outside the Contracting Member States