LD Vienna, August 12, 2024, Procedural order on publicity of pleadings and evidence, UPC_CFI_33/2024

If a request for the provision of pleadings and evidence is made by a member of the public pursuant to R 262.1 (b) RoP, the interests of that member of the public to have access to the written pleadings and evidence must be weighed against the interests referred to in Art 45 UPCA. These interests include the protection of confidential information and personal data (“interest of one of the parties or other affected persons”), but are not limited to it. The general interests of justice and public order must also be taken into account. The general interest of justice includes the protection of the integrity of the proceedings.

The protection of the integrity of the proceedings is particularly important during pending proceedings, so that the parties can present their arguments and evidence, and the court can act impartially and independently, without influence and interference from external parties of the public sector.