2026-07-23 - LD Düsseldorf - Franz Kaldewei et al. v. Bette et al. - App_44641/2024

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Düsseldorf Local Division granted a law firm partial access to the file of concluded main proceedings under R. 262.1(b) RoP. Applying the Court of Appeal's framework, the judge-rapporteur held that a reasoned request must identify the documents, state the purpose and explain why access is necessary for that purpose, and that the applicant's interest is then weighed against the Art. 45 UPCA interests, which cover confidential information and personal data but also the general interest of justice and public order. Because the main proceedings had ended with an unappealed decision, the general public interest in access prevailed and nothing indicated abuse; the objection that access should not serve another firm's internal training was held incompatible with settled Court of Appeal case law, a law firm being capable of qualifying as a member of the public. Access was refused as to two categories: the summons and the minutes of the oral hearing, which are not written pleadings or evidence within R. 262.1(b) RoP, and a submission with annexes containing undisputed confidential customer data of the defendant, excluded under R. 262.2 RoP. Personal data within the disclosed documents must be redacted.

Quelle und Fundstellen

Quelle: UPC Website

Aktenzeichen: App_44641/2024