The Freename Forum

In a recent decision, the Düsseldorf Regional Court confirmed the function of the authorized representative for service of process for .de domains: In a legal dispute, he was served with a lawsuit against the owner of a .de domain located abroad. The service was upheld before the Düsseldorf Regional Court.

The order of 22.01.2025 (Ref. 38 O 162/24) of the 38th Civil Chamber of the Düsseldorf Regional Court is currently only published in fragments. It relates to the application of Section 3 (4) of DENIC's Domain Terms and Conditions. This provision regulates the obligation for the domain holder, who is not domiciled in Germany, to name an authorized representative for service of process domiciled in Germany upon request, who has the same powers as an authorized representative for service of process within the meaning of § 184 of the German Code of Civil Procedure (ZPO). The decision confirms that the action was duly served on the defendant via the agent for service of process. The appointment of the agent for service of process “constitutes the agent's legal authorization to accept service of process which is effected by the court in the interests of the plaintiff in court proceedings conducted by the plaintiff.” The purpose of DENIC's Domain Terms and Conditions is “to make it easier for anyone who believes that a domain infringes an absolute right to which they are entitled to take legal action against a domain holder domiciled abroad.” The domain holder must “designate an authorized representative for service of process domiciled in Germany” in response to the corresponding request to the rights holder. The reference to Section 184 ZPO in DENIC's Domain Terms and Conditions expresses that the authorized recipient of service “must have the legal authority to accept service initiated by the court in the interest of the plaintiff with effect for and against the domain holder domiciled abroad.”

According to the court, there are no procedural concerns. Service on legally appointed representatives is provided for in Section 171 ZPO. The submission of a power of attorney mentioned in sentence 2 of the standard is not a prerequisite for the effectiveness of service. A legal procedural relationship as the basis for proper service is also not necessary, according to the Regional Court of Düsseldorf, as Section 171 ZPO - unlike Section 184 ZPO - does not stipulate that the power of attorney must be declared to the court. Nor is it necessary to effect service abroad in accordance with section 183 ZPO. Instead, service on persons domiciled abroad can - as regulated in §§ 171 f., 177 ZPO - be made in Germany and must even be made in the case of § 172 ZPO. The provision in DENIC's Domain Terms and Conditions would also not ignore the Hague Convention on the Service of Documents Abroad (Hague Convention), as this regulates service abroad, but not the question of whether service is to be effected abroad at all (Art. 1 (1) Hague Convention).

This once again confirms the role of the person authorized to effect service under DENIC's Domain Terms and Conditions: If the holder of a .de domain located abroad designates an authorized agent for service of process upon request, an action against the domain holder can be effectively served on this agent.

The decision of the Düsseldorf Regional Court can be found (in German) at:
https://rewis.io/urteile/urteil/bmk-22- ... 8-o-16224/

The DENIC terms and conditions can be found at:
https://www.denic.de/en/domain-terms-and-conditions