Without prejudice to this Agreement and the Statute, enforcement procedures shall be governed by the law of the Contracting Member State where the enforcement takes place. Any decision of the Court shall be enforced under the same conditions as a decision given in the Contracting Member State where the enforcement takes place.
Rules 273 ff are applicable if service has to be performed outside the territory of the CMSs, because no electronic address for the service of a Statement of claim has been provided and no other service method pursuant to Rule 271.3 is available which would enable service within the territory of the CMSs.
Pursuant to para 1, electronic service requires that: (1) the document to be served is stored on a data carrier; and that (2) an electronic address for service has been notified by the defendant (for which no obligation exists). If an electronic address has been notified, electronic service is the priority type of service. This results from para 4 according to which other types of service can only be used as a second best type of service. By that rule of priority, the principle of Art 44 UPCA to make best use of electronic procedures is realized. Electronic form is not mandatory for service but is mandatory for filing pleadings and documents on the part of the parties (Rule 4).
With regard to the service of decisions and orders, para 1 refers to Rules 270–275 which apply to service on all parties on the opposite side of the service, including interveners (Rules 313–317). Refer to the respective parts of the commentary. The date of service of decisions is relevant for the beginning of the time periods for lodging an appeal and the grounds of appeal (Rule 224).
The CMSs have not provided any rules in the Rules of Procedure for service outside the territory of the CMSs. The reason is that the CMSs are not competent to regulate service outside their territory. For extraterritorial service, general international service law (including Union law for states which are not CMSs) is applicable. Rule 274 refers to these provisions.
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