Cardo Systems v Shenzhen Ziwu Chuangxin (CFI, 10 July 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 10 July 2026 (UPC_CFI_1902/2025), the presiding judge and judge-rapporteur of the Milan Local Division aligns the time limits for the defence of the two defendants to Cardo Systems’ infringement action: Shenzhen Ziwu Chuangxin Technology, served on 23 April 2026, and Resosport Limited, based in Hong Kong and not yet served. The statements of defence and any counterclaim for revocation are to be lodged by 10 September 2026. The order shows how the judge-rapporteur deals with uncertain service outside the EU when the court cannot compel a representative to accept it.

Question

May the judge-rapporteur set a common starting date for the time limit for the defence of two defendants, where one has not yet been served and its representative refuses to accept service?

Decision

Yes. The court cannot require a representative to accept service, since Rule 271.1(c) allows electronic service on a representative only with that representative’s agreement, and the Hong Kong process carries timing uncertainties that would misalign the defendants’ time limits. Under Rules 9.3 and 334(a), which allow a time limit to be extended, even retrospectively, or shortened on a reasoned request, the judge sets 10 June 2026 as the common starting date, subject to Resosport immediately accepting service, on grounds of efficiency, equity, fairness and proportionality. Ziwu’s time limit, which was due to expire on 23 July 2026, is thus extended by about 50 days, despite Cardo’s opposition.

Key points for practice

• Practical point: where several defendants are based outside the EU, a reasoned request under Rule 9.3 can secure a single timetable, in exchange for acceptance of service by the defendant not yet served.

Provisions applied

Rules of Procedure

Rules 8.1, 9.3, 23, 271.1(c) and 334(a)

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.