2024-08-21 - LD Düsseldorf - Valeo v. Magna

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The Düsseldorf Local Division, per presiding-judge Thomas (acting as judge-rapporteur), granted a R. 262A RoP confidentiality order over commercial information submitted by the Magna defendants in preliminary-injunction proceedings brought by Valeo. The court confirmed the formal requirements of R. 262A.2-.4 RoP had been met and that the protected information — manufacturing and production data, damages expectations, customer/supplier relationships, personnel compensation, and production-stop cost projections — qualifies as 'confidential information' within the meaning of Art. 58 UPCA and Art. 9(1)/(2)(a) Directive (EU) 2016/943. Valeo's argument that the same information had been publicly discussed in Stuttgart Regional Court proceedings in 2023 was rejected on the evidence; identity of affiants does not equate to identity of content. The confidentiality club was drawn following the template in UPC_CFI_140/2024 (Curio Bioscience v 10x Genomics), specifying participants and their teams, natural reliable persons, and two further named attorneys. Breach by a listed representative is backed by personal liability and a discretionary penalty payment per breach.