Philips IP Ventures v Edrich (CFI, 27 September 2023)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 27 September 2023 (UPC_CFI_5/2023), the judge-rapporteur of the Munich Local Division ruled on Philips IP Ventures’ application under Rule 275.2 RoP for several methods of serving its statement of claim on defendants based in the United States and the United Kingdom (Belkin International, Belkin Limited and two of its directors) to be recognised as valid. He validated delivery to the US registered agent, courier delivery through UK solicitors and service by post, and held that service on a director amounted to service on the company he represents, but refused to treat as service the Registry’s email to the group’s chief legal officer or delivery to the lawyer acting only for the German defendants.

Question

Which alternative methods of service can be validated under Rule 275.2 RoP, and with effect from which date?

Decision

Rule 275.2 RoP does not require prior failure of service under Rules 270 to 274 RoP, it may be applied while an attempt is still pending. An email to a person not authorised to accept service is not service (point 1). Service on the first defendant, a director and legal representative of Belkin Limited, amounts to service on that company as of 23 July 2023, whether or not he passed the claim on (point 2). Delivery to a lawyer not instructed by the other defendants is ineffective, and knowledge cannot be presumed from group links (point 3). The steps arranged by the claimant are validated as of 21 and 23 August 2023, as nothing shows them to be incompatible with the law of the states concerned (Rule 275.4 RoP). The judge noted the differing deadlines for the defence but did not align them in the absence of an application (Rule 9.3 RoP).

Key points for practice

• A claimant may itself arrange service outside the EU and have it validated under Rule 275.2 RoP.
• Practical point: aligning the deadlines of co-defendants served on different dates requires an application under Rule 9.3 RoP.

Provisions applied

Rules of Procedure

Rules 9.3, 270 to 274, 271.6(b), 275.2 and 275.4

Related decisions

• Koninklijke Philips v Edrich, 27 September 2023, order of the same day in the parallel action UPC_CFI_62/2023.

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.