2023-06-13 - LD Milan - Oerlikon Textile v. Himson Engineering Private - UPC_CFI_127/2023
- Aktenzeichen:
- UPC_CFI_127/2023
- Datum:
- Spruchkörper:
- Court of First Instance - Milan (IT) Local Division
- Art:
- Order
- Parteien:
- OERLIKON TEXTILE GMBH & CO KG v. Himson Engineering Private Limited
Kernaussage: Oerlikon lodged an extremely urgent application for preservation of evidence at Milan LD on 12 June 2023, invoking the imminent end of a Milan trade fair on 14 June to justify standing-judge determination under R.
2023-06-13 - LD Milan - Oerlikon Textile
v.
Himson Engineering Private - UPC_CFI_127/2023
notable
Oerlikon lodged an extremely urgent application for preservation of evidence at Milan LD on 12 June 2023, invoking the imminent end of a Milan trade fair on 14 June to justify standing-judge determination under R. 194.4 RoP. The standing judge (Bessaud) held that, because the presiding judge in the Milan local division still had time to make an urgent decision before the end of the fair, 'extreme urgency' was not characterised, and the application should be examined by the presiding judge under R. 194.3 RoP. The Registry was directed to forward the proceedings to the presiding judge; the claimant was reminded of the two-day court-fee deadline under R. 371.3 RoP.