2026-07-10 - LD Milan - Cardo v. Shenzhen Ziwu Chuangxin Technology et al. - UPC-CFI-0001902/2025

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Milan Local Division addressed the misalignment of co-defendants' deadlines that arises where one defendant has been served and another has not, service in Hong Kong still being pending. The Court held that it has no power to require or impose on a representative the acceptance of service on behalf of a party: R. 271.1(c) RoP permits electronic service on a representative only where that representative has notified the Registry or the claimant that he accepts service, and the fact that the same representatives had been appointed by both defendants in parallel preliminary-measures proceedings before the same division cannot displace that limitation. Because the start of the written procedure against the unserved defendant would otherwise depend on an uncertain cross-border service process, producing an inefficient misalignment of deadlines, the judge-rapporteur exercised the power under R. 9.3 and R. 334(a) RoP to extend — even retrospectively — or shorten any time limit laid down in the Rules. Guided by efficiency, equity, fairness and proportionality, he fixed 10 June 2026 as a notional common starting date for the R. 23 RoP period for all defendants, conditional on the unserved defendant's immediate acceptance of service, thereby extending the served defendant's deadline by roughly 50 days while shortening the other's by reference to an otherwise wholly uncertain future date.

Quelle und Fundstellen

Quelle: UPC Website

Aktenzeichen: UPC-CFI-0001902/2025