Public
Delivery to
China.
Public
Delivery to
China.
from
The service of judicial documents on companies based abroad often poses a considerable challenge, especially when it comes to service in China.
Service of process to China
A German manufacturer of mobile devices brought an action before the Regional Court of Frankfurt am Main against a Chinese company that holds key patents for mobile communications standards. The lawsuit would therefore have to be formally served in China.
Challenges with delivery to China
The service of court documents to China is associated with various difficulties:
- Time required: The service of letters rogatory can take more than a year.
- Uncertainty: There is no guarantee that the documents will actually reach the recipient.
- Legal hurdles: Different legal frameworks and bureaucratic processes can make delivery even more difficult.
These factors can considerably delay or even prevent the enforcement of the law.
Frankfurt am Main Regional Court decides on public service
Due to the difficulties of formal service of the statement of claim in China, the Regional Court of Frankfurt am Main (Decision of 15.01.2025 – Ref. ) that service in China was unlikely to be successful and therefore authorized public service.
The requirement ofeffective legal protection requires that this can be obtained within a reasonable period of time. Therefore, service is not likely to be successful if it would take such a long period of time that the party seeking service cannot reasonably be expected to wait.
In the experience of the Regional Court Chamber and other German courts, service in the People’s Republic of China takes a considerable amount of time. In this situation, the interests of the plaintiff in effective legal protection outweigh the interests of the defendant in terms of jeopardizing its right to be heard. However, the court obliged the plaintiff to inform the defendant in China by non-formal means that the action would be served publicly in Germany.
What is public service?
Public service is a procedure in which court documents are served by public notice if personal service is not possible or unreasonable. This can be done by posting a notice in court, publication in official bulletins or on the internet. It is considered the “ultima ratio” and is only used under certain conditions.
Conclusion
The Regional Court of Frankfurt am Main shows a way to facilitate and accelerate the service of legal actions against Chinese companies. It would be best if the law on service of process were to be greatly simplified overall and, particularly in the case of foreign service, made purely electronic without increased requirements. After all, while Chinese companies can regularly be contacted by email without any problems, this is not a formal method of service.
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