Morello Forni Italia srl e Morello Forni Sas di Morello Marco & C v Gastroteam Abbe AB e Marciuliano Attrezzature di Salvatore Marciuliano (CFI, 8 June 2026)

Date	8 June 2026
Court	CFI
Division	Milan (IT) Local Division
Type of action	Generic Order
Registry reference	UPC_CFI_2046-2025
Parties	Morello Forni Italia srl e Morello Forni Sas di Morello Marco & C v. Gastroteam Abbe AB e Marciuliano Attrezzature di Salvatore Marciuliano

Official decision (PDF) · UPC registry entry

Dhenne Avocats represents claimants and defendants in European patent disputes before the Unified Patent Court, including the Paris divisions.

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Dhenne Avocats · 10 October 2026

Our analysis

Summary

In a decision of 8 June 2026 (UPC_CFI_2046/2025), the judge-rapporteur of the Milan Local Division sets at EUR 62,359.32 the costs that Gastroteam Abbe AB and Salvatore Marciuliano (Marciuliano Attrezzature) must reimburse, within thirty days, to Morello Forni Italia and Morello Forni Sas, following the default decision of 19 November 2025 finding infringement of EP 3 691 454. It sheds light on service on a defendant who does not collect postal items and on the reduction of fees in a simple case.

Question

Can a cost application proceed against defaulting defendants, one of whom fails to collect postal items, and must the ceiling for recoverable costs be applied in a case decided by default?

Decision

The decision on the merits is deemed served on 20 November 2025 on one defendant and on 8 December 2025 on the other, whose postal items were returned unclaimed (Rules 271.6(b) and 276.1 RoP), the application filed on 18 December 2025 meets the one-month time limit of Rule 151 RoP. On the merits, the EUR 56,000 ceiling for a value of EUR 500,000 need not be reached in a case of low complexity (default, no taking of evidence, a single patent): representation fees are reduced to EUR 45,000. The technical expert’s fees (EUR 8,500) and translation costs (EUR 2,257.32) are recoverable (Rules 153 and 155 RoP), as are court fees (EUR 6,602).

Key points for practice

An unclaimed postal item does not prevent service being deemed effected under Rule 271.6(b) RoP.
Practical point: in a case decided by default, fees are assessed in light of the low complexity of the file and may be reduced well below the ceiling.

Provisions applied

Agreement on a Unified Patent Court: Arts 32(1) and 69(1)
Rules of Procedure: Rules 150 to 157, 221.1, 271.6(b) and 276.1
Directive 2004/48/EC: Art. 14
Case law cited: Hamburg Local Division, 1 August 2025 (UPC_CFI_40/2025), Düsseldorf Local Division, 9 July 2025 (UPC_CFI_186/2025), Düsseldorf Local Division, 22 April 2025 (UPC_CFI_16/2024), Milan Local Division, 9 May 2025 (UPC_CFI_761/2024)

Related decisions

Morello Forni Italia v Gastroteam Abbe, 19 November 2025, default decision on the merits finding infringement.

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.

Going further

Lexicon: Written procedure (UPC), Court fees and costs (UPC).

Source and translations

Official source: Unified Patent Court registry link recorded in the record
Original language: not recorded
Translation available: no translation recorded the firm’s French record is a summary, not a translation
Date checked: not recorded

Only the official text is authoritative. A machine translation is never presented as official, republishing a third-party document requires a verified basis in rights, and a link to the source is preferred.

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Proceedings, related decisions, appeals, parties and patents as recorded in the registry and in the Dhenne Avocats corpus. Each link states its source.

Proceedings

No case number recorded in this record.

Parties

claimantMorello Forni Italia srl e Morello Forni Sas di Morello Marco & CFollow this party
defendantGastroteam Abbe AB e Marciuliano Attrezzature di Salvatore MarciulianoFollow this party

Exact name as it appears in the record, group affiliation only where sourced and dated.

Decisions in the same proceedings and documented appeals

No other decision in the corpus bears the same case number, and no appeal is documented in the corpus to date.

What the record states

Nature of the act: Generic Order
Outcome (Dhenne Avocats summary): Les défendeurs défaillants sont condamnés à rembourser 62 359,32 euros de frais, les honoraires de représentation étant ramenés à 45 000 euros.
Appeal: No appeal documented in the corpus, this does not mean that no appeal was lodged.
Instance: First-instance decision, whether it has become final is not recorded.

Patents mentioned

EP 3 691 454 mentioned in: Dhenne Avocats analysis Follow this patent

Related decisions cited in the analyses

Morello Forni Italia v Gastroteam Abbe (CFI, 19 November 2025) cited in this record

Scope: Dhenne Avocats corpus. Registry-based links are marked “official number”; links derived from the analyses are marked as such. An erroneous link can be withdrawn without deleting any record.

Patents and standards

Publication	Role in the dispute	Family	Standard and declaration	Pool	Sources
`EP 3 691 454`	Mentioned in the analysis (role not qualified) Also mentioned in 1 other decision(s): Morello Forni Italia v Gastroteam Abbe (CFI, 19 November 2025)	not recorded	not recorded	not recorded	Espacenet links not checked mentioned in: Dhenne Avocats analysis

The statuses “asserted in litigation”, “declared essential”, “listed by a pool” and “essentiality examined by a court” are distinct and may coexist. Validity, infringement and technical essentiality are different questions. Scope: patents cited in the decisions of the Dhenne Avocats corpus, with no essentiality score or prediction.

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