Key takeaways
Extreme urgency not found by standing judge, and proceedings forwarded to the presiding judge
By virtue of Rule194.4 RoP, the standing judge, appointed in accordance with Rule 345.5 RoP, in cases of extreme urgency may decide immediately on an application to preserve evidence and on the procedure to be followed.
In the case at hand, the claimant lodged an application to preserve evidence and argued extreme urgency due to the end of a fair in Milan. The application was lodged on June 12 in the afternoon, and the fair would have ended on the 14th of June. The standing judge found that, at this stage, it is still possible for the presiding judge in the local division of Milan to make an urgent decision before the end of the fair. Against this background, extreme urgency was not found and it was concluded that the application for preserving evidence can be examined by the presiding judge in accordance with Rule 194.3.
The proceedings were forwarded by the Registry to the presiding judge in the Milan local division for further decision.
Division
LD Milan
UPC case number
UPC_CFI_127/2023
Order reference
ORD_500024/2023
Type of proceedings
Application for preserving evidence
Parties
Claimant: OERLIKON TEXTILE GMBH & CO KG
Defendant: Himson Engineering Private Limited
Patent
EP2145848
Jurisdictions
Italy
Body of legislation / Rules
Rule 194.3 RoP, Rule 194.4 RoP, Rule 371.3 RoP, Rule 345.5 RoP
