Avago Technologies International Sales v Tesla Germany (CFI, 25 August 2023)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By provisional order of 25 August 2023 (UPC_CFI_52/2023, ACT_462984/2023, application 566218/2023), the presiding judge and judge-rapporteur of the Munich Local Division, on an application by Tesla Germany and Tesla Manufacturing Brandenburg to extend the time limit for the defence in Avago Technologies International Sales’ infringement action on EP 1838002, fixed the date of service of the statement of claim at 17 July 2023 for both defendants and set a short exchange of comments on the extension, without yet ruling on it. The order is of interest for its method of calculating postal service.

Question

How is the deemed date of service of a statement of claim sent by post determined under Rule 271.6(b) RoP?

Decision

The documents were handed to the post office of the Munich Higher Regional Court on 5 July 2023. Under the division’s settled practice, handover to the postal service is assumed to take place two days later, on 7 July 2023, and service is deemed effected on the tenth day after that, on 17 July 2023, even though the documents were actually received on 10 and 11 July. The time limit for a preliminary objection expired on 17 August 2023, the unextended time limit for the defence would expire on 17 October 2023. The claimant may comment by 30 August and the defendants by 31 August 2023.

Key points for practice

• Practical point: for postal service, the Munich Local Division applies a deemed date that may fall after actual receipt, which lengthens the defendant’s time limits accordingly.

Provisions applied

Rules of Procedure

Rule 271.6(b)

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.