Cardo Systems v Shenzhen Ziwu Chuangxin (CFI, 29 July 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 29 July 2026 (UPC_CFI_1902/2025), the panel of the Milan Local Division dismisses Cardo Systems’ application for review (Rule 333 RoP) and for shortening of time limits directed against the judge-rapporteur’s order of 10 July 2026, which had set a common starting date for the time limits of both defendants, Shenzhen Ziwu Chuangxin Technology and Resosport, one of which had been served and the other, based in Hong Kong, had not. The order upholds the alignment of defence deadlines between co-defendants served on different dates.

Question

May the judge-rapporteur, under Rule 9 RoP, set a common starting date and a single deadline for the statement of defence for co-defendants served on different dates?

Decision

Yes. Resosport’s representative in the provisional measures proceedings was not authorised to accept service of the action on the merits, so service had to go through Hague Convention channels and was not complete on 10 July 2026. The contested order, which takes 10 June 2026 as a notional common starting date and sets 10 September 2026 for the statements of defence, balances the position of both defendants: it shortens by about 50 days the time Resosport would otherwise have had and roughly matches the extension granted to Ziwu. It provides certainty and orderly case management, regardless of whether the refusal to accept service was tactical, as the claimant alleges. The court cannot compel a representative to accept service, since electronic service depends on the representative’s acceptance (Rule 271.1(c) RoP). The reasons are not numbered.

Key points for practice

• Practical point: where a co-defendant outside the EU has counsel who decline service, the claimant should expect defence deadlines to be aligned, at least in part, on the defendant served last.

Provisions applied

Rules of Procedure

Rules 8.1, 9, 23, 271.1(c), 333 and 334(a)

Regulation (EU) 2020/1784

Art. 19

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.