• LD Paris – May 6, 2024 – UPC_CFI_440/2023 – procedural order

    An intervener may not develop claims contrary to those of the party it supports, and may not autonomously develop claims and procedural modalities distinct from those offered to the party it supports.: Consequently, an intervener that has not filed a counterclaim for invalidity within the time limit set for the party they support cannot claim…

  • LD Milan – May 6, 2024 – UPC_CFI_241/2023 – confidentiality order

    Request under Rule 262A RoP for a confidentiality order regarding financial information granted. Attorneys only. : Request under R. 262A RoP by plaintif for a confidentiality order granted regarding financialinformation provided pursuant to court order and pursuant to Rule 104(k) RoP. Access to confidential information is restricted to attorneys only, with the consent of the…

  • CoA Luxembourg, 20 December 2023, UPC_CoA_478/2023, App_594342/2023

    In proceedings before the Court of Appeal, which do not involve technical issues, the Court of Appeal can decide without technically qualified judges: In an appeal against an order pursuant to R.323 RoP (language of the proceedings) a request by the Appellant applied for on the last day of the time periods under R. 224.1(b)…

  • LD Milan, Order of September 27, 2023, UPC_CFI_240/2023

    Rule 262.1 RoP requires that an application to access the Register is carried out by a third party – with respect to the parties to the proceedings: A lawyer who requests access to the records and claims to be the defendant’s counsel is not a third party, even if he or she has no power…

  • LD Milan – Order of September 25, 2023 – UPC_CFI_286/2023 and UPC_CFI_287/2023

    Ex-parte request for preserving of evidence and inspection allowable if requirements under Art. 60 UPCA, Rule 192.2 RoP, and Rule 194.2 RoP are fullfilled / sufficiently substantiated : Milan Local Division has competence pursuant to Art. 32.1 (c), 33.1 (b), and 60.1 UPCA. The following points were assessed by the LD: Fulfilment of the provisions…

  • LD Milan, Decision of September 11, 2023, UPC_CFI_57/2023

    No decision on costs if parties agree to waiver of action and do not seek cost reimbursement: If Defendant agrees to a withdrawal of an action under Rule 265 RoP and does not seek reimbursement of costs, no decision on litigation costs is necessary since under Rule 151 RoP, such an order is issued only…