2026-07-27 - CD Munich - Sypox v. Topsoe - UPC-CFI-0000894/2026

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Munich Central Division (Panel 1, Severinsson as judge-rapporteur) held that a party may withdraw the unredacted version of a document it has lodged before the Court has ruled on confidentiality and access, with the effect that the Court bases any order or decision only on the redacted version and disregards information contained only in the withdrawn unredacted version (Art. 76(2) UPCA, following the Court of Appeal in ICPillar v ARM, UPC_CoA_301/2024). The withdrawn document is not physically removed from the proceedings: it stays in the case file under the CMS confidentiality code 'HC'. Once the withdrawal takes effect, the opposing party's application for access to the unredacted version under R. 262A RoP loses its foundation — its assertion that the redacted passages might contain arguments against the withdrawing party's position was held not duly substantiated in view of that party's statement that it relies only on the redacted content, and in any event the withdrawing party's interest in confidentiality significantly outweighed the opponent's interest in full access, so no sufficient legal interest in access remained. Because the opponent never obtained access, no separate order prohibiting use of the document inside or outside the proceedings was required. The Court further deferred any decision on the R. 262.2 RoP confidentiality requests concerning public access to both versions until a member of the public actually requests access.

Quelle und Fundstellen

Quelle: UPC Website

Aktenzeichen: UPC-CFI-0000894/2026