2026-04-27 - LD Milan - Cardo v. Shenzhen Ziwu Chuangxin Technology et al. - UPC-CFI-0001902/2025
- Aktenzeichen:
- UPC-CFI-0001902/2025
- Datum:
- Spruchkörper:
- Court of First Instance - Milan (IT) Local Division
- Art:
- Order
- Parteien:
- Cardo Systems, Ltd. v. Shenzhen Ziwu Chuangxin Technology Co., LTD and Resosport Limited
Kernaussage: In an infringement action against two defendants domiciled in China and Hong Kong SAR, the Milan Local Division (judge-rapporteur Perrotti, sitting alone) dismissed the claimant's Rule 275 RoP application for alternative service.
2026-04-27 - LD Milan - Cardo
v.
Shenzhen Ziwu Chuangxin Technology et al. - UPC-CFI-0001902/2025
routine
In an infringement action against two defendants domiciled in China and Hong Kong SAR, the Milan Local Division (judge-rapporteur Perrotti, sitting alone) dismissed the claimant's Rule 275 RoP application for alternative service. Service of the statement of claim on defendants outside the Contracting Member States and the EU is governed by R. 274.1(a)(ii) RoP, which requires service by a method available under the Hague Service Convention for the relevant state. Following settled Court of Appeal authority (CoA 69-70/2024, 86/2024 and 183/2024), Hague-Convention methods must normally be exhausted before resort to service under the law of the state (R. 274.1(b)) or to alternative methods or place under R. 275. Because the Central Authorities in China and Hong Kong SAR were still actively processing the requests within the standard execution timeframe (around four months for Hong Kong SAR per the HCCH), the court could not establish that 'service could not be effected' within the meaning of R. 275.1 RoP, and the application was dismissed as premature.