Topics: R. 190 RoP
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LD Düsseldorf, 3 July 2026, Procedural Orders, UPC_CFI_604/2026 | UPC_CFI_2108/2026
Strict requirements for the production of documents under R. 190 RoP: The Court dismissed Claimant’s request for the production of documents under R. 190 RoP as Claimant failed to identify which facts it seeks to prove, did not identify by which means of evidence and did not explain for what purpose, i.e. the necessity of…
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CoA, June 29, 2026, CoA Partially Overturns Broad Evidence Production Order: Limits on Scope Clarified, UPC_CoA_57/2026
The CoA partially overturned a broad evidence production order of the LD Copenhagen and clarified the limits on the scope. The Court of First Instance had ordered Appellant to produce, subject to a penalty payment of up to EUR 1,000 per day of delay, complete construction drawings, manuals and “other materials” provided to customers.Appellant appealed,…
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LD Brussels, June 26, 2026, Alignment of UPC evidence production with parallel UK national proceedings under R. 190 RoP, UPC_CFI_629/2026, UPC_CFI_1357/2025
In an infringement action with a parallel counterclaim for revocation, the court had issued a first R. 190 RoP order (Order I), ordering the claimant to produce seven categories of evidence, which it did. The defendants then filed a second R. 190 RoP application (Application II), arguing that the evidence produced revealed further relevant material…
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LD The Hague, May 11, 2026, Order, UPC-CFI_478/2025, UPC_CFI_585/2026
Under R. 190 RoP and Art. 59(1) UPCA, evidence production orders require four cumulative conditions: plausible evidence, specified evidence within the other party’s control, confidentiality protection, and proportionality : The Court grounded this framework in prior UPC case law, specifically Winnow v Orbisk (LD The Hague, UPC_CFI_327/2024) and Oppo v Panasonic (CoA, UPC_CoA_298,299,300/2024). The conditions derive from R. 190.1…
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LD Paris, February 4, 2026, Order, UPC_CFI_583/2025
An order to produce evidence under Art. 59 UPCA and R. 190 RoP requires the claimant to present reasonably available and plausible evidence supporting its infringement claim.: The claimant must specify evidence within the defendant’s control. The Court’s order is subject to safeguards for confidential information and the right against self-incrimination (Art. 59(1) UPCA). The…
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LD Mannheim, September 16, 2025, order on the production of evidence, UPC_CFI_247/2025
Production of license agreements in FRAND context ordered.: Pursuant to R. 190 RoP and taking into account the stage of the proceedings, the production of license agreements was ordered insofar as the claimant agreed to submit the license agreements specified by it but could not receive the consent of its respective contractual partners to submit…
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LD Mannheim, October 20, 2024, request for production of evidence, UPC_CFI_471/2023
Request for production of evidence, Art. 49 UCA, R. 190 RoP, must be based on specific facts: As a general rule, an order to produce evidence (e.g. source codes) presupposes that a fact is relevant to substantiate claims or objections. For this purpose, the applicant must state in detail which specific fact he wishes to…
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LD Mannheim, October 20, 2024, order on request for information, UPC_CFI_471/2023
Key Takeaways Two alternatives for requests for information: The Court may order that information which is in the possession of the other or a third party is communicated. Rule 191 of the Rules of Procedure provides for two alternatives for respective requests for information. The purpose of the first alternative of Rule 191 RoP is…
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CoA Luxembourg, September 24, 2024, order on request to produce evidence, UPC_CoA_298/2024, UPC_CoA_299/2024, UPC_CoA_300/2024
Both, claimant and defendant can rely on R. 190.1 RoP to request an order to produce evidence.: In view of the principle of equality of arms, Art. 59 UPCA and R. 190.1 RoP have a broader scope than the initial wording may suggest (evidence in support of its claims). The purpose of these provisions is…
4 min Reading time→
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