Nera Innovations v Xiaomi Communications (CoA, 6 August 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 6 August 2024 (UPC_CoA_205/2024), the Court of Appeal dismissed Nera Innovations’ appeal against the order of the Hamburg Local Division of 24 April 2024 (UPC_CFI_173/2024, EP 2 642 632), which had refused service of the statement of claim on Xiaomi Communications and Xiaomi Inc., both established in China, through their German subsidiary Xiaomi Technology Germany. The appeal was heard together with a similar case (UPC_CoA_183/2024). The order sets the method: for a defendant established in China, an attempt at service under the Hague Convention should normally come before any alternative route.

Question

May a statement of claim be served on a company established in China through a company of the same group established in a Contracting Member State, under Rule 271.5(a)?

Decision

Rule 271.5(a) covers only companies with their statutory seat, central administration or principal place of business within the Contracting Member States, service outside that territory being governed by Rules 273 and 274 (paragraphs 33 and 34). A group company cannot simply be treated as the seat or a place of business of the Chinese defendant, given the principle of separate legal personality and liability common to the laws of the Member States (paragraphs 43 and 44), and a subsidiary’s authority to accept service on behalf of its parent cannot be presumed (paragraph 28). Regulation 2020/1784 does not apply, so the Hague Convention does (Rule 274.1(a)(ii), paragraph 45), and service by its methods should normally be attempted before service under Rule 274.1(b) or Rule 275 (paragraph 42). Alternative service remains possible at a later stage (paragraph 47).

Key points for practice

• A claimant suing a Chinese company must first attempt service under the Hague Convention, with translations, before seeking alternative service.

Provisions applied

Agreement on a Unified Patent Court

Art. 24(1)

Rules of Procedure

Rules 270, 271.5, 273, 274 and 275

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.