Panasonic Holdings v Xiaomi (CFI, ORD_25614/2024, 6 May 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 6 May 2024 (UPC_CFI_219/2023, ORD_25614/2024), the presiding judge and judge-rapporteur of the Mannheim Local Division (P. Tochtermann), in Panasonic Holdings Corporation’s infringement action on EP 2 568 724 against ten defendants (eight Xiaomi group companies, Odiporo and Shamrock Mobile), separated the proceedings against the four defendants based in China and Hong Kong, on whom the statement of claim had not yet been served. The action can thus proceed against the represented European defendants without waiting for lengthy service abroad.

Question

Should the action against foreign defendants not yet served be heard separately under Rule 303.2 RoP where service must be effected under the Hague Service Convention?

Decision

The representatives of defendants 3 to 6, 9 and 10 stated that they did not act for defendants 1, 2, 7 and 8, and no authority of defendant 3 to accept service for them was shown. Deemed service through defendant 3 (Rule 275.2 RoP) had been refused by the judge-rapporteur and then by the panel on a Rule 333 RoP application, with an appeal pending in a parallel case. As service under the Hague Convention would take considerable time, separation was appropriate. Two new proceedings were opened (defendants 1, 2 and 8, in China, defendant 7, in Hong Kong), the value in dispute was provisionally set at EUR 1.2 million and EUR 400,000, and the claimant must pay the additional court fees. The judge reserved the right to consider deemed service if service is not effected within a reasonable time (Art. 15(2) of the Hague Convention).

Key points for practice

• Practical point: suing companies established outside the EU exposes the claimant to separation and additional court fees when service is delayed.

Provisions applied

Rules of Procedure

Rules 275.2, 303.2 and 333

Hague Convention of 15 November 1965 on the Service Abroad of Documents

Art. 15(2)

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.