2026-10-21 - CoA - Amazon et al. v. Nixu FL IP Protection - UPC-COA-0000181/2026
- Aktenzeichen:
- UPC-COA-0000181/2026
- Datum:
- Spruchkörper:
- Court of Appeal - Luxembourg (LU)
- Art:
- Final Order
- Parteien:
- Amazon Web Services, Inc., Amazon Web Services EMEA SARL, AWS European Sovereign Cloud GmbH, Amazon Data Services Italy S.r.l. v. Nixu FL IP Protection LLC
Kernaussage: The standing judge of the Court of Appeal denied Amazon's request for discretionary review of a Milan LD order that aligned the deadline for all four defendants' statements of defence and counterclaims for revocation to the date running from the earliest service on any of them.
2026-10-21 - CoA - Amazon et al.
v.
Nixu FL IP Protection - UPC-COA-0000181/2026
routine
The standing judge of the Court of Appeal denied Amazon's request for discretionary review of a Milan LD order that aligned the deadline for all four defendants' statements of defence and counterclaims for revocation to the date running from the earliest service on any of them. Applying the established test for discretionary review under R. 220.3 RoP, the Court found the Local Division neither exceeded its discretion nor acted manifestly incorrectly: in the absence of agreement, aligning deadlines is a discretionary matter governed by proportionality, efficiency and fairness, and joint representation, corporate connection and substantially identical issues justified the common date. Art. 15 of the Hague Service Convention ('sufficient time to defend') leaves the definition of sufficient time to the court's procedural law, here Art. 41 UPCA and R. 9.3 and 23 RoP. A new alternative date range first requested on appeal was disregarded under R. 222.2 RoP.