UPC CFI LD Milan, 6 June 2024: Interim conference rulings

09-06-2024 Print this page
IPPT20240606, UPC CFI, LD Milan, Oerlikon v Bhagat

Interim conference (Rule 104 RoP). 


Access granted to written report and any other results of the measures of inspection of the premises and preservation of evidence which can only be used in the proceedings on the  merits (Rule 196.2 and 199 RoP). 


No order to declare chain of sales and resale by defendant (Rule 104(e) RoP). Does not appear necessary in these proceedings, also in light of the principle of proportionality (paragraph n 3. of the Preamble of the R.o.P.), the allegatory and evidentiary framework collected, such an order does not appear necessary. Claim may be made in future procedure for determination of damages. 


Value of the case provisionally set at € 750.000 (Rule 104(j) RoP). In the light of all the above considerations, the Judge Rapporteur considers, in the context of an assessment as already stated only provisional, subject to better examination by the Court also in the light of the documents whose filing is authorised as shortly, that the value of the case in € 750,000.00. And this for the purpose of the scale of the limits for recoverable costs. Allowed to file new documents preparatory to the review of the value of the case and the Court's review of the defensive efforts undertaken, in relation to the assessment of the costs of litigation.


IPPT20240606, UPC CFI, LD Milan, Oerlikon v Bhagat