Main Details: Registry number App_64978/2024 Date 21 janvier, 2025 Parties air up group GmbH Order/Decision reference ORD_68821/2024 Type of action Generic application Language of Proceedings Anglais Court - Division Court of First Instance - Munich (DE) Local Division English Headnotes: 1. The rules on service in the Rules of Procedure must be interpreted in accordance with the principle of effective legal protection. It must therefore always be possible to establish good service, at least in accordance with Rule 275.2 of the Rules of Procedure. 2. Where it has not been possible to serve the application for a provisional measure in accordance with Rule 274 of the Rules of Procedure and where there is no indication that the decision by default, which is issued subsequently in the same proceedings, can be served in accordance with Rule 274 of the Rules of Procedure, it is not necessary to attempt to serve the decision by default in accordance with Rule 274 of the Rules of Procedure before an order is made under Rule 275.2 of the Rules of Procedure. English Mots-clés: effective legal protection, service, decision by default Back to Decisions and Orders
Main Details: Registry number App_64978/2024 Date 21 janvier, 2025 Parties air up group GmbH Order/Decision reference ORD_68821/2024 Type of action Generic application Language of Proceedings Anglais Court - Division Court of First Instance - Munich (DE) Local Division English Headnotes: 1. The rules on service in the Rules of Procedure must be interpreted in accordance with the principle of effective legal protection. It must therefore always be possible to establish good service, at least in accordance with Rule 275.2 of the Rules of Procedure. 2. Where it has not been possible to serve the application for a provisional measure in accordance with Rule 274 of the Rules of Procedure and where there is no indication that the decision by default, which is issued subsequently in the same proceedings, can be served in accordance with Rule 274 of the Rules of Procedure, it is not necessary to attempt to serve the decision by default in accordance with Rule 274 of the Rules of Procedure before an order is made under Rule 275.2 of the Rules of Procedure. English Mots-clés: effective legal protection, service, decision by default Back to Decisions and Orders