Prinoth v Xelom (CFI, 16 April 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 16 April 2026, issued in Italian in proceedings UPC_CFI_703/2025 and UPC_CFI_1757/2025, the judge-rapporteur of the Milan Local Division grants Prinoth a thirty-day extension, to 27 May 2026, of the time limit for its next written pleading in its infringement action against Xelom, over Xelom’s objection. The order recalls that extensions are exceptional in a system of strict time limits, but accepts that a rejoinder introducing many new documents and grounds justifies additional time.

Question

On what conditions may the time limit for a written pleading be extended under Rules 9.3(a) and 334, and are they met where the rejoinder contains many new attacks?

Decision

An extension requires a request made in time, reasoned and supported by proof that the time limit cannot be met, the judge deciding case by case on a proportionality basis (paragraphs 3 to 5). The conditions are met: Xelom’s rejoinder and defence to the amendments introduced new documents, attacks and arguments, the order noting some 150 attacks in total (paragraph 6). The period sought is proportionate and has little impact on the timetable (paragraph 7). Xelom’s objections fail: whether Xelom itself complied with front-loading is left open, complexity alone is no bar, and equality of arms is not affected (paragraph 8).

Key points for practice

• A party receiving a pleading full of new grounds may obtain an extension if it applies promptly and shows concretely why it is needed.
• The judge reserves the admissibility of the new grounds under front-loading, a question separate from the time limit.

Provisions applied

Rules of Procedure

Rules 9.3, 29(e) and 334

Case law cited

ITCiCo Spain, Paris Central Division, 9 February 2024, Seoul Viosys v expert e-Commerce, Düsseldorf Local Division, 20 January 2024, Düsseldorf Local Division, 19 February 2025 (UPC_CFI_336/2024 and UPC_CFI_605/2024)

Related decisions

• Prinoth v Xelom, 29 July 2026, later decision in the same proceedings.

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.