2025-01-09 - CoA - Abbott v. Powell Gilbert - UPC_CoA_480/2024, UPC_CoA_481/2024

1. A member of the public generally has an interest that written pleadings and evidence are made available. The general interest of a member of the public getting access to pleading and evidence of the Court of First Instance (CFI) file regularly arises after a decision or order concluding the proceedings at the first instance was rendered. 2. This principle applies regardless of whether or not - an appeal against this decision or order is pending, - the rendered order concerns an application for provisional measures (R.206 RoP), - the information and evidence is also subject to other proceedings for example because they are dealing with the same patent or patents in the same patent family and - the CFI decision deals with all the arguments and evidence in the case.

The Court of Appeal dismissed an appeal against an order granting access to the case file. The CoA clarified the legal principle regarding the general interest of the public and stated that the principle applied regardless of other factors (see the headnotes under 2.).