2026-07-14 - CoA - Xingi Technology et al. v. Avient Protective Materials - UPC-COA-0000076/2026
- Aktenzeichen:
- UPC-COA-0000076/2026
- Datum:
- Spruchkörper:
- Court of Appeal - Luxembourg (LU)
- Art:
- Order
- Parteien:
- Xingi Technology Co., Ltd, Jiangsu Xingi High Performance Fiber Products Co., Ltd v. Avient Protective Materials B.V.
Kernaussage: In the appeal against The Hague Local Division's order of 11 May 2026, which had partially granted the respondent's R.
2026-07-14 - CoA - Xingi Technology et al.
v.
Avient Protective Materials - UPC-COA-0000076/2026
notable
In the appeal against The Hague Local Division's order of 11 May 2026, which had partially granted the respondent's R. 190 RoP application and ordered production of certain UD Fabric samples and the English versions of the appellants' Introduction Video (immediately enforceable), the Court of Appeal (Catallozzi, judge-rapporteur) extended the suspensive effect it had previously granted. Having on 26 May 2026 partially granted suspensive effect until 15 July 2026 — accepting prima facie that export of the samples was subject to the Chinese export-control regime, that the required administrative procedures were incompatible with the time limit fixed below, and that immediate enforcement risked rendering the appeal largely ineffective — the Court found on the fresh application that the export-authorisation procedure remained pending, so the circumstances underlying that assessment had not ceased. Considering it unnecessary to make any finding on the reasons for the current duration of that procedure, and noting that the oral hearing was already scheduled and a decision on the appeal expected shortly, the Court held it appropriate to maintain the status quo to preserve the practical effectiveness of the pending appeal, and extended the suspensive effect until service of the decision on the appeal, without needing to decide the alternative requests.