air up group v Guangzhou Aiyun Yanwu Technology (CFI, ORD_68821/2024, 21 January 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 21 January 2025 (UPC_CFI_508/2023, EP 3 655 341), Panel 1 of the Munich Local Division held that publishing on the UPC website the decision by default of 9 January 2025, given on air up group’s application for provisional measures against the Chinese company Guangzhou Aiyun Yanwu Technology, constitutes good service under Rule 275.2. The order opens a route to service where the Chinese central authority does not act on a Hague Convention request.

Question

Where service through the central authority of a non-EU State fails, can publishing the decision by default on the Court’s website, with notice by email, constitute good service, without a fresh attempt under Rule 274?

Decision

The rules on service must be read in light of the right to effective legal protection: it must always be possible to achieve good service, at least under Rule 275.2. A fresh attempt under Rule 274 was unnecessary, since the Chinese authority had in effect refused service of the originating application, forwarded to its Supreme Court in November 2024 with no follow-up. No other place for service was known and China has objected to direct postal service (Art. 10(a) of the Hague Convention). Publication on the website, with notice by email, was the only workable route (Rule 275.1). Nothing suggested that it conflicts with Chinese law (Rule 275.4). Service is deemed effective from the date of the order, which the Registry must publish with the parties’ names.

Key points for practice

• Publication on the UPC website may constitute service of a decision by default on a defendant based in China.
• Practical point: documenting the failure of the Hague route allows an application for alternative service without repeating the attempt.

Provisions applied

Agreement on a Unified Patent Court

Art. 62

Rules of Procedure

Rules 6.1, 274, 275.1, 275.2 and 275.4

Case law cited

Mannheim Local Division (UPC_CFI_219/2023), Court of Appeal (UPC_CoA_69/2024)

Related decisions

• air up group, 21 January 2025, parallel order in case UPC_CFI_509/2023.

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.