Home » UPC decisions » Local Division » Milan Local Division

Institutions: Milan Local Division

  • LD Milan, July 28, 2026, request to change the language of the proceedings, UPC_CFI_1146/2026

    The request to change the language of proceedings may be lodged prior to the statement of defense : Art. 49 (5) does not require the application for a language change to be included in the statement of defence. R. 323.3 must accordingly be interpreted in such a manner that it does not preclude the lodging…

    4 min Reading time
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    LD Milan, July 30, 2026, Order on Cost Security, UPC_CFI_2216/2025, UPC_CFI_1829/2026

    Minimum share capital and microenterprise structure are per se not sufficient to justify security for costs under Art. 69(4) UPCA and Rule 158.1 RoP: The Court held that (i) claimant’s minimum share capital of EUR 19,700 and (ii) its microenterprise structure were in themselves insufficient circumstances to assess a company’s financial soundness. A relatively modest…

    2 min Reading time
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    CD Milan, July 29, 2026, procedural order, UPC_CFI_1902/2025

    Pragmatic solution for alignment of deadlines and service : The Claimant lodged an infringement action against two Defendants, Ziwu registered in China and Resosport registered in Hong Kong. Service was duly effected on Ziwu but not on Resosport. Ziwu thus requested an alignment of deadlines against acceptance of service by Resosport. Claimant opposed to the…

    2 min Reading time
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  • LD Milan, July 21, 2026, interim conference, UPC_CFI_703/2025 and UPC_CFI_1757_2025

    Physical inspections and judicial weighing experiments may be ordered under Rules 170.2(f), 170.2(g), and 201 RoP if necessary and proportionate to establish infringement: The claimant’s request to weigh the seized vehicle was justified to prove infringement. The court noted that practical difficulties and costs do not negate the necessity of the experiment. (Sec. 10 et…

    4 min Reading time
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    LD Milan, July 10, 2026, Order – Alignment of Defence Deadlines for Co-Defendants Where Service Abroad Is Pending, UPC CFI 1902/2025

    The claimant filed an infringement action against two co-defendants before the Milan Local Division. One defendant (based in China) had already been served and was facing an imminent deadline to file its statement of defence. The other defendant (based in Hong Kong) had not yet been served – with no certainty as to when service…

    3 min Reading time
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  • LD Milan, July 10, 2026, decision by default, UPC_CFI_766/2024

    Deliberate copying combined with continued infringement despite a provisional injunction establishes the infringer’s knowledge, triggering the stricter damages standard of Art. 68 (1) UPCA: Where a defendant knowingly, or with reasonable grounds to know, engages in infringing activity, the Court must order damages appropriate to the harm actually suffered (Art. 68 (1) UPCA), rather than…

    6 min Reading time
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  • LD Milan, June 17, 2026, order on provisional measures, UPC_CFI_1129_2026 and UPC_CFI_1130_2026

    For late-stage interim relief requests (Art. 62 UPCA, R. 206-211 RoP), urgency has a specific meaning: the applicant must prove a new, escalating risk justifying immediate action.: Applications for provisional measures are admissible at any stage of main proceedings, even towards the end, as there is no legal limitation under R. 206.1 RoP. However, when…

    3 min Reading time
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    LD Milan, June 8, 2026, Cost Decision, UPC_CFI_2046/2025

    .aagb__accordion_container.no-pro-plan .aagb__accordion_body { padding: 10px !important; }Deemed service on a non-responsive foreign defendant: a registered letter is deemed served ten days after posting, regardless of whether it is collected (R. 271.6(b), R. 276.1 RoP).: Where postal service attempts are returned as “Unclaimed”, the passive or disinterested conduct of a defendant cannot obstruct the continuation of…

    4 min Reading time
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  • LD Milan, May 5, 2026, Decision, UPC_CFI_727/2024

    Prosecution file statements before the EPO, while not binding, may guide claim interpretation as reflecting the skilled person’s view (Art. 69 EPC, Art. 24(1)(c) UPCA): The claimant’s own statement during EPO grant proceedings — that abutment of a rolling body row against an edge was “essential” for achieving simultaneous preloading — confirmed the Court’s strict…

    5 min Reading time
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  • LD Milan, April 21, 2026, Infringement action, UPC_CFI_472/2024

    Long-arm jurisdiction via Art. 8 (1) Brussel Ia Recast Regulation (BR): The “risk of irreconcilable judgements” requires a four-part assessment: same factual and legal situation, predictability and no abuse: The question was whether UPC Milan LD had jurisdiction for co-defendants based in Spain (i.e., non-UPC territory) for infringing actions in Spain. The result was affirmative…

    5 min Reading time
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  • LD Milan, March 6, 2026, Order, UPC_CFI_141/2026

    Rule 14.2(b) RoP is an exception to the general language-of-proceedings rules and must be interpreted restrictively (Rule 14.2(b) RoP, Art. 49(1), Art. 49(2) UPCA).: The provision requires proceedings to be conducted in the official language of the Contracting Member State only if two specific conditions are both met. As an exception, this rule cannot be…

    4 min Reading time
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  • LD Milan, February 10, 2026, cost decision, UPC_CFI_1738/2025

    An appeal against a revocation decision always has an automatic suspensive effect according to Art. 74(2) UPCA that applies to the entire decision, including the award of costs: The Court rejected the Applicants’ argument for a narrow interpretation, finding it an “arbitrary limitation”. It held the suspensive effect applies to the decision in its entirety,…

    3 min Reading time
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  • LD Milan, December 12, 2025, Order on Service in China, UPC CFI_766/2024

    The Hague Service Convention is applicable in the UPC system regardless of any additional national requirements : The Article 15(2) of the Hague Service Convention is entirely applicable in UPC System, regardless of any additional requirements for service within each Member State. Indeed: (i) the service system in the UPC is uniform; ii) participating Members…

    3 min Reading time
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    CoA, September 23, 2025, Order concerning an application to intervene, UPC_CoA_631/2025, UPC_CoA_632/2025

    Intervention in appeal proceedings is admissible if a direct legal interest in an interim order is shown (R. 313 RoP): The Applicant was allowed to intervene in the appeal proceedings because the confidentiality regime for license agreements submitted in the proceedings could affect the Applicant’s business interests by exposing its confidential information to competitors. Legal…

    2 min Reading time
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  • LD Milan, September 23, 2025, order, UPC_CFI_342/2025

    The court established a confidentiality club under Rule 262A RoP for documents preserved in the preservation of evidence containing confidential information.: Content 1 Access was granted to the applicant’s representatives, one external technical advisor (bound by professional confidentiality rules), and a designated individual from the applicant company (Rule 262A.6 RoP).: The Court did not follow…

    3 min Reading time
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    LD Milan, September 5, 2025, Confirmation of settlement, UPC_CFI_202/2025

    No Reimbursement of Court Fees Following Settlement in Provisional Measures Proceedings: The LD Milan aligns with the LD Mannheim (see UPC CFI no. 500/2025, order of 28 August 2025, LD Mannheim) in holding that reimbursement of court fees is not granted following a settlement in proceedings for provisional measures, irrespective of the stage the proceedings…

    2 min Reading time
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  • Milan Local Division, June 2, 2025, Order, UPC_CFI_181/2025

    Joint request for stay of proceedings removes court discretion (Rule 295(d) RoP, Art. 43, 76(1) UPCA): When all parties jointly request a stay, the court must grant it, regardless of the permissive wording in the rule. This upholds party autonomy in determining the subject matter and conduct of their case. Partial stays are permitted for…

    3 min Reading time
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