2025-12-12 - LD Milan - Cardo v. Shenzhen Asmax Infinite Technology et al. - UPC_CFI_766/2024
- Aktenzeichen:
- UPC_CFI_766/2024
- Datum:
- Spruchkörper:
- Court of First Instance - Milan (IT) Local Division
- Art:
- Order
- Parteien:
- Cardo Systems, Ltd. v. Shenzhen Asmax Infinite Technology Co., Ltd. and Hong Kong Yiheng International Technology Co., Limited
Kernaussage: The Article 15(2) of the Hague Service Convention is entirely applicable in UPC System, regardless of any additional requirements for service within each Member State.
2025-12-12 - LD Milan - Cardo
v.
Shenzhen Asmax Infinite Technology et al. - UPC_CFI_766/2024
The Article 15(2) of the Hague Service Convention is entirely applicable in UPC System, regardless of any additional requirements for service within each Member State. Indeed: (i) the service system in the UPC is uniform; ii) participating Members States in the UPC system have also indirectly adopted the rules laid down in the Hague Service Convention by adopting the rules of procedure, without exception, at least with regard to notifications ordered by UPC Courts.
notable
Milan LD declared service against Chinese defendant valid after China definitively refused on naming grounds (Hong Kong vs Hong Kong, China). Art. 15(2) Hague Convention fully applicable in UPC uniform service system. After definitive refusal no further attempts needed. Content censorship for political expediency prohibited.
Stichwörter
Service, Regulation (EU) 2020/1784, the Hague Convention, Service outside the Contracting Member States