2024-12-19 - LD Paris - HP v. Lama - UPC_CFI_358/2023

1. Rule 118.8 RoP gives the Court of First Instance no power to suspend the execution of a decision on the merits. Only the Court of Appeal has the power to suspend the execution of a decision on the merits. (Article 74 UPCA and R. 223 RoP). 2. The confidentiality club may be limited to representatives of the parties only if the parties so agree. If the parties do not agree on the composition of the confidentiality club, Rule 262A.6 must be applied. 3. With regard to the application to obtain a security in its favor pursuant R. 118.8 in fine, the Court notes that the applicant had not requested to benefit from the provision of a security following the request for communication of information from the opposing party. The Court considers that the establishment of a confidentiality club in accordance with the provisions of R. 262A.6 RoP to protect the confidentiality of information that will be communicated in the context of the enforcement of the decision on the merits is sufficient to protect the interests of the applicant. There is no justification in the present case for the provision of a security in favor of the applicant at this stage of the proceedings on the basis of R. 118.8 in fine RoP.

The Paris Local Division confirmed that it lacked jurisdiction for an application for suspensive effect and ordered that accounting information was to be held confidential under 262A. The Court stated that a guarantee was not necessary because the interests at stake were sufficiently protected by the confidentiality regime. The order is only available in French.