Leap Tools v Wizart (CFI, 15 October 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 15 October 2025, the judge-rapporteur of the Düsseldorf Local Division allowed Leap Tools to serve its statement of claim of 13 June 2025 on the second defendant, Wizart LLC, a Delaware company that could not be found at its US addresses, by delivery to its CEO at a business address in Poland (Rule 275). The order shows the level of search expected of a claimant before an alternative method of service is allowed.

Question

After two failed attempts at service in the United States, may the statement of claim be served on a corporate defendant by delivery to its CEO at a business address in another country?

Decision

Yes. Rule 275.1 allows an alternative method where ordinary service has failed, provided, under Rule 275.4, that it is not contrary to the law of the place of service (paragraph 10). Two attempts had failed: one through the Hague Convention at Wizart LLC’s original address in Wilmington (Rule 274.1(a)(ii)), the other through the registered agent of the first defendant, which stated that it did not act for Wizart LLC (paragraphs 12 to 14). The claimant showed serious searches in the Delaware registry and online, and no further search could reasonably be expected (paragraphs 15 and 16). Polish law allows service on a managing director (paragraph 17).

Key points for practice

• Before seeking an alternative method, the claimant should be able to document its address searches. Here the judge-rapporteur asked for further details before ruling.
• Service on a company’s CEO in a third country requires checking that the law of that country permits it (Rule 275.4).

Provisions applied

Rules of Procedure

Rules 274.1(a)(ii) and 275

Hague Convention of 15 November 1965 on the Service Abroad

referred to without a specific article

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.