Edwards Lifesciences v Meril (CFI, 14 August 2023)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 14 August 2023 (UPC_CFI_249/2023, App_560315/2023), the judge-rapporteur of the Munich Local Division, in Edwards Lifesciences’ provisional measures proceedings against Meril GmbH and Meril Life Sciences based on EP 3 763 331, ruled that the application was deemed served on the second defendant on 7 August 2023 by alternative service (Rule 275.2 RoP). A CMS malfunction had prevented the defendants’ common counsel from accepting service for one of them.

Question

Can successful service on one defendant through the CMS (Rule 271.1(c) RoP) count as alternative service on another defendant represented by the same counsel, where only a technical incident prevented acceptance?

Decision

Counsel, who had filed a protective letter for both defendants and agreed in writing to electronic service on 7 August 2023, had known the content of the application since that date. The difficulties lay solely with the access codes generated by the CMS, and the defendants did not oppose the application (paragraphs 1 and 2). Rule 275.4 RoP does not stand in the way, as German law likewise cures defective service where the document was actually received (§ 189 ZPO) (paragraph 3). Service on the first defendant therefore counts as alternative service on the second (paragraph 4). The Registry was directed to issue a separate access code and record the date of service. Leave to appeal was refused, the application being unopposed (paragraph 6).

Key points for practice

• Practical point: where common counsel has actually received the document, a CMS incident need not delay the proceedings, an application under Rule 275.2 RoP allows the date of service to be fixed at the date of actual receipt.

Provisions applied

Rules of Procedure

Rules 102, 205(a), 209.1(a), 220.2, 271.1(c), 275.2, 275.3(c), 275.4, 331.1 and 333

Other provisions

German Code of Civil Procedure (ZPO), § 189.

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.