Topics: R. 197 RoP
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CoA, March 16, 2026, Order concerning review of an ex parte order for inspection, UPC_CoA_3/2026
In ex parte inspection proceedings, the applicant must disclose all material facts relevant to the request, including those that may weigh against it: The Court of Appeal emphasizes that, in ex parte proceedings, the applicant’s duty is not limited to presenting the facts supporting the requested inspection. Under R. 192.3 RoP, the applicant must also…
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LD Brussels, November 12, 2025, UPC_CFI_407/2025, UPC_CFI_408/2025
Pursuant to R. 197.1 RoP, the Court may order measures to preserve evidence without the defendant having been heard. R. 197.3 RoP specifies a review process by the defendant. The LD Brussels finds that this review is a two-step process: (1.) Was the ex parte order rightly issued considering the facts and evidence brought forward…
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CoA, July 15, 2025, review of orders to preserve evidence, UPC_CoA_327/2025, UPC_CoA_002/2025
A request for preserving evidence does not require that this measure is sought without unreasonable delay. : It is necessary to distinguish between the assessment of urgency in the context of an application for preserving evidence (R. 194.2(a) RoP) and the assessment of urgency in the context of an application for provisional measures (R. 209.2(b)…
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Court of Appeal, July 23, 2024, order on appeal, UPC_CoA_177/2024
Application for preservation of evidence or inspection of premises implies a request to disclose the report on the outcome: The legitimate purpose of the procedure for the preservation of evidence or the inspection of premises (Art. 60 UPCA, R. 192 et seq.) includes the use of the evidence to decide whether to initiate proceedings on…
3 min Reading time→
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