Pirelli Tyre v Sichuan Yuanxing Rubber (CFI, 13 February 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 13 February 2026, made in the infringement action (UPC_CFI_770/2024) and the revocation counterclaim (UPC_CFI_556/2025) between Pirelli Tyre s.p.a. and Sichuan Yuanxing Rubber Co., ltd., the judge-rapporteur of the Milan Local Division recorded the outcome of the interim conference. He ordered that the tyre samples seized on 6 November 2024 be lodged with the sub-registry and examined inter partes at the oral hearing, including by cutting them open. The order shows how the interim conference can organise the taking of physical evidence ahead of the hearing.

Question

Should seized samples, which the defendant says it has never been able to inspect, be examined inter partes, and if so how, where the defendant also challenges the admissibility of photographs filed by the claimant and their correspondence with those samples?

Decision

The judge-rapporteur left the defendant’s maintained objections on the photographs undecided. After the technically qualified judge explained that a full examination requires cutting the tyre open to view its radial carcass, he found the examination necessary and in any event advisable. The custodian must lodge the seizure report and all seized specimens with the Milan sub-registry by 30 March 2026, and the examination will take place at the oral hearing of 14 April 2026 before the panel. The value of each action was kept at EUR 500,000, subject to review after the hearing.

Key points for practice

• A party that has had no access to seized samples can obtain, through the interim conference (Rule 105.5), their inter partes examination at the oral hearing, including the physical operations required.
• Practical point: technical input from the technically qualified judge at the interim conference can shape how evidence is taken, parties should check in advance that the examination is feasible in the courtroom.

Provisions applied

Rules of Procedure

Rules 105.5 and 106

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.