OCADO INNOVATION v AUTOSTORE (CFI, UPC_CFI_57/2023, 26 June 2023)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 26 June 2023, issued in Italian by the presiding judge and judge-rapporteur of the Milan Local Division in the infringement action UPC_CFI_57/2023 (Ocado Innovation v AutoStore), the Division directed the Registry to serve the Statement of claim on the defendants without copies of the claimant’s exhibits. The order deals with a practical difficulty of the UPC’s first months: paper service of a bulky file on defendants for only one of whom an email address was known.

Question

Must the Registry serve the Statement of claim together with copies of all exhibits, some 2,000 pages on paper for each defendant?

Decision

The claimant, heard by the judge-rapporteur, agreed to service of the originating document without the exhibits. The Division ordered service of the Statement of claim in the manner provided by the Rules of Procedure, without copies of the exhibits, which are listed at pages 47 et seq. of the Statement of claim and summarily described in its body. It relied on economy and efficiency, in full compliance with the right to be heard and with the international conventions on service within and outside the EU. The order has no numbered paragraphs and cites no specific Rule.

Key points for practice

• Practical point: where a bulky file has to be served on paper, the claimant may propose service without exhibits, provided the Statement of claim lists them and describes their content.

Provisions applied

Rules of Procedure

Rules of Procedure, no specific Rule

Other provisions

international conventions on service of documents, referred to generally

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.