Hewlett-Packard Development v Zhuhai ouguan Electronic Technology Co (CFI, 2 February 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 2 February 2026 (UPC_CFI_449/2025), the Düsseldorf Local Division held that publishing on the Court’s website its provisional measures order of 28 November 2025, granted to Hewlett-Packard Development Company, L.P. on EP 2 826 630 and EP 3 530 469, constitutes good service on Zhuhai ouguan Electronic Technology Co., Ltd under Rule 275.2. The order allows provisional measures to take effect against a Chinese defendant that service through the Central Authority had failed to reach.

Question

Where service of the application on a defendant based in China has failed, must formal service of the provisional measures order be attempted again before an alternative method is accepted?

Decision

Rule 275.2 allows the Court to order that steps already taken by an alternative method constitute good service (paragraph 8). Rule 6.1(a) requires service of the order of 28 November 2025, but where service of the application under Rule 274 has failed and nothing suggests it would succeed for the order, a further attempt is unnecessary: requiring futile steps would run counter to effective judicial protection (paragraph 10). The Chinese authorities had certified on 23 September 2025 that the company was not at the address given. The defendant, notified by email at the address on its Amazon seller profile, never responded, and formal service in China would take too long with uncertain prospects (paragraphs 11 and 12). Publication therefore constitutes good service, effective from the date of the order (paragraph 13).

Key points for practice

• Practical point: against an unreachable non-European defendant, publication on the Court’s website combined with notice by email can suffice to serve a provisional measures order without a fresh attempt through treaty channels.

Provisions applied

Rules of Procedure

Rules 6.1(a), 274 and 275.2

Case law cited

air up group v Guangzhou Aiyun Yanwu Technology, Munich Local Division, 21 January 2025, UPC_CFI_509/2023

Related decisions

• Hewlett-Packard Development v Zhuhai ouguan Electronic, 28 November 2025, provisional measures order whose service is at issue.

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.