Xingi v Avient Protective Materials (CoA, 14 July 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 14 July 2026 (UPC_CoA_76/2026, EP 2 791 402), the judge-rapporteur of the Court of Appeal extended until service of the appeal decision the suspensive effect granted on 26 May 2026 to Xingi Technology and Jiangsu Jiuzhou Xingji against the Hague Local Division’s order of 11 May 2026, which required them under Rule 190 RoP to produce samples of UD fabric and English versions of an introduction video. As the Chinese export authorisation sought by the appellants is still pending, the status quo is maintained. The order shows how a foreign-law constraint can extend the suspension of a production order.

Question

Can suspensive effect granted because of a foreign export authorisation procedure be extended where that procedure is not completed by the deadline set?

Decision

The application is admissible, since it relies on circumstances arising after the order of 26 May 2026 and seeks to modify the compliance deadline (paragraph 7). That order had accepted, prima facie, that the Chinese export-control regime applied and that immediate enforcement risked rendering the appeal largely ineffective, while requiring the appellants to act with due diligence, any unjustified delay being attributed to them (paragraphs 8 and 9). The authorisation procedure is still pending, so that basis remains, the Court making no finding on why it has taken so long (paragraph 10). With the hearing scheduled and a decision expected soon, suspensive effect is extended until service of that decision, and the alternative requests need not be decided (paragraphs 11 and 12).

Key points for practice

• Practical point: a party relying on a foreign export constraint should document the status of the administrative procedure and its own diligence in order to obtain an extension of suspensive effect (paragraphs 9 and 10).

Provisions applied

Rules of Procedure

Rules 190 and 223

Related decisions

• Avient v Xingi, 11 May 2026, Hague Local Division production order under appeal.
• Xingi v Avient, 26 May 2026, order partly granting suspensive effect.

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.