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LD Duesseldorf, November 4, 2026, order regarding inspection and preservation of evidence, UPC_CFI_2738/2026, UPC_CFI_2739/2026
Access of a UPC Representative to the Case Management System (CMS) is a precondition for the respondent to comment on confidentiality issues prior to the disclosure of preserved evidence to the applicant: The Court ruled that it can only give the Respondents an opportunity to comment on confidentiality issues with respect to preserved evidence if…
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CoA, November 5, 2026, order on application for confidentiality, UPC_CoA_133/2026, UPC_CoA_134/2026
A request under Rule 262.2 RoP does not automatically grant provisional protection against disclosure of the information by the other party: Confirming its decision in the matter Strabag v Swarco and Chainzone (CoA, Order dated 1 August 2025, UPC_CoA_70/2025), the CoA emphasized that (i) a party and its representatives may only be subject to restrictions…
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CoA, November 3, 2026, order on application for leave to appeal, UPC_CoA_84/2026
The application for leave to appeal itself must specify why the appeal should be heard: The CoA held that an application for leave to appeal must enable the standing judge to assess whether the conditions for leave to appeal are met solely on the basis of the application and the impugned decision, taking into account…
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LD Hamburg, October 30, 2026, order on request for security for costs, UPC_CFI_1646/2025
The fact that a claimant is domiciled in the U.S. does not justify an order under R. 158 RoP: The Court stated that it is the standing practice of the UPC that the fact that a claimant is domiciled in the U.S. does not justify an order under R. 158 RoP and referred to the…
