2026-10-09 - LD Milan - Nixu FL IP Protection v. Amazon et al. - UPC-CFI-0002434/2026
- Aktenzeichen:
- UPC-CFI-0002434/2026
- Datum:
- Spruchkörper:
- Court of First Instance - Milan (IT) Local Division
- Art:
- Order
- Parteien:
- Nixu FL IP Protection LLC v. Amazon Web Services, Inc., Amazon Web Services EMEA SARL, AWS European Sovereign Cloud GmbH, Amazon Data Services Italy S.r.l.
Kernaussage: The Milan LD panel dismissed the defendants' application under R.
2026-10-09 - LD Milan - Nixu FL IP Protection
v.
Amazon et al. - UPC-CFI-0002434/2026
routine
The Milan LD panel dismissed the defendants' application under R. 333 RoP to review a case-management order that aligned the time limit for all four defendants' Statements of Defence to the date running from the first service. Where the parties agree on alignment but not on the date, the choice of a common date is a matter of the Court's discretion under R. 9 and R. 334 RoP, exercised by proportionality, efficiency and fairness, and is confined to the period between first and last service. The panel doubted the defendants' legitimate interest in review, since the date fell within their own alternative request, and on the merits confirmed the date because the defendants were jointly represented, belonged to one group and had acknowledged that the same issues arose for all. A time-limit alignment order has no bearing on the validity of service, so the argument that Art. 15 of the Hague Service Convention was circumvented was irrelevant.