ICPillar v Arm (CFI, 28 February 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 28 February 2024 (UPC_CFI_495/2023, ACT_596432/2023, order no. 10136, App_8330/2024), the judge-rapporteur of the Paris Local Division (C. Lignieres), in the infringement action on EP 3 000 239 brought by ICPillar LLC against Arm Limited and other companies, held that the Statement of claim was deemed served on 7 February 2024 on the four defendants established in the United Kingdom, by courier delivery recorded by a bailiff. The order accepts an alternative method of service where the Hague Convention route has not produced results.

Question

After service through the UK central authority failed to be completed, can the claimant have courier delivery of the Statement of claim, recorded by a bailiff, recognised as good service under Rule 275.2 RoP?

Decision

Service by electronic means being impossible, the Registry had sent the Statement of claim to the UK central authority on 16 January 2024, which received it on 26 January without service being effected. ICPillar then had the Statement of claim and the service letter delivered by FedEx and DHL. A bailiff’s report records delivery in person, against signature, on 7 February 2024 at each address. The judge-rapporteur found the request reasoned, since service had still not been effected although the action had been registered on 28 December 2023, that the steps taken respected the rights of the defence and that this alternative method, consistent with the principles of efficiency and fairness in the Preamble, amounted to good service under Rule 275.2.

Key points for practice

• Practical point: where a central authority is slow, courier delivery documented by a bailiff can be validated retroactively under Rule 275.2 RoP, as of the date of delivery.

Provisions applied

Rules of Procedure

Preamble (points 4 and 5) and Rules 274.1 and 275.2

Other provisions

Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters

Related decisions

• ICPillar v Arm, 12 February 2024, earlier order in the same action.

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.