UPC_ CFI_377/2025; UPC_ CFI_702/2025 – Primetals v Danieli

Court
Local Division Milan
Date
Outcome
Granted
Sector
Mechanics
Decision Type
PROCEDURAL

Expert Commentary

Correction The JR The JR corrects a clerical error in an order of 22 July which on 28 July was not yet published! The value of the counterclaim for revocation is set at € 1,875,000, as per the agreement of the parties at the interim conference, and not € 1,850,000. Comment I admire parties who can estimate the value of the litigation with such precision (1,35% margin). One may wonder what material difference this makes in practice, as the applicable ceiling for recoverable costs remains the same.

Full Decision Text

Milan Local Division UPC CFI no. 377/2025, no. 702/2025 Decision 28.7.2026 **CLAIMANT** PRIMETALS TECHNOLOGIES AUSTRIA GMBH Turmstraße 44, 4031 Linz, Austria represented by Konstantin Schallmoser, Bonabry Partnerschaft von Rechtsanwälten, Neuer Wall 72, 20354 - Hamburg, Germany; Andreas Haberl, Preu Bohlig & Partner Rechtsanwälte mbB, Leopoldstraße 11a, 80802 - München, Germany **DEFENDANT** DANIELI & C. S.P.A. via Nazionale 41, 33042 - Buttrio (UD), Italy, represented by Giulio Enrico Sironi and Stefania Bergia, Simmons+Simmons, via Tommaso Grossi n. 2, 20121 - Milan, Italy; Davide Luigi Petraz and Lorenzo Fabro, GLP Intellectual Property Office, via V. Hugo n. 2, 20123 - Milan, Italy **LANGUAGE OF THE PROCEEDINGS** English **DECIDING JUDGE** presiding judge and judge rapporteur Pierluigi Perrotti **SUBJECT OF THE ORDER** rectification of a clerical mistake under R. 353 RoP **ORDER** The judge-rapporteur informed the parties that the Court intended, of its own motion, to rectify a clerical mistake contained in the order issued on 22 July 2026 following the interim conference. On page 7, under “point 6. value of the actions”, the value of the counterclaim for revocation was, due to a clerical mistake, set at EUR 1,850,000. The correct value is EUR 1,875,000. The parties were given until 27 July 2026 to lodge any comments on the proposed rectification. Both parties stated that they had no objection to the proposed rectification. On page 7, under “point 6. value of the actions”, fifth line, where the order currently reads “The value of the counterclaim for revocation is set at EUR 1,850,000.”, it shall read “The value of the counterclaim for revocation is set at EUR 1,875,000”. Milan, 28 July 2026. Pierluigi Perrotti presiding judge and judge rapporteur

Key Holdings

  • A clerical error in a previously issued order was corrected by the Judicial Registrar (JR).
  • The correction concerned the valuation of a counterclaim for revocation.
  • The value was adjusted from €1,850,000 to €1,875,000, reflecting an agreement between the parties at an interim conference.
  • Despite the precise nature of the correction, it was noted that it would likely have no material impact on the applicable ceiling for recoverable costs.

Tags

  • Correction
  • Clerical Error
  • Valuation
  • Counterclaim
  • Costs

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