Main Details: Registry number APL_21602/2024 Date 6 August, 2024 Parties Daedalus Prime LLC v. Xiaomi Inc., Xiaomi Communications Co., Ltd., Xiaomi Technology Netherlands B.V., MediaTek Inc. (Headquarters), Xiaomi Technology Germany GmbH Order/Decision reference ORD_34252/2024 Type of action Appeal RoP220.2 Language of Proceedings English Court - Division Court of Appeal - Luxembourg (LU) English Headnotes: - A defendant company in China or Taiwan cannot, as a starting point, be served a Statement of claim via a company within the same group in a Contracting Member State. Such a group company cannot automatically be seen as a statutory seat, central administration or principal place of business of a defendant company in China or Taiwan, nor a place where such defendant has a permanent or temporary place of business. - 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 permitted by the law of the state where service is to be effected (R.274.1(b) RoP) or by alternative methods or at an alternative place (R.275 RoP) is permitted. Similarly, attempts to serve in Taiwan by diplomatic or consular channels pursuant to R.274.1(a)(iii) shall be made. English Keywords: Service, Regulation (EU) 2020/1784, the Hague Convention, Service outside the Contracting Member States Back to Decisions and Orders
Main Details: Registry number APL_21602/2024 Date 6 August, 2024 Parties Daedalus Prime LLC v. Xiaomi Inc., Xiaomi Communications Co., Ltd., Xiaomi Technology Netherlands B.V., MediaTek Inc. (Headquarters), Xiaomi Technology Germany GmbH Order/Decision reference ORD_34252/2024 Type of action Appeal RoP220.2 Language of Proceedings English Court - Division Court of Appeal - Luxembourg (LU) English Headnotes: - A defendant company in China or Taiwan cannot, as a starting point, be served a Statement of claim via a company within the same group in a Contracting Member State. Such a group company cannot automatically be seen as a statutory seat, central administration or principal place of business of a defendant company in China or Taiwan, nor a place where such defendant has a permanent or temporary place of business. - 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 permitted by the law of the state where service is to be effected (R.274.1(b) RoP) or by alternative methods or at an alternative place (R.275 RoP) is permitted. Similarly, attempts to serve in Taiwan by diplomatic or consular channels pursuant to R.274.1(a)(iii) shall be made. English Keywords: Service, Regulation (EU) 2020/1784, the Hague Convention, Service outside the Contracting Member States Back to Decisions and Orders