2025-02-20 - LD Milan - Oerlikon Textile v. Himson Engineering Private - UPC_CFI_240/2023

AI Translation of Italian Headnotes: 1. Public access, according to the rule of Rule 262.1.(b) RoP, is not allowed with respect to information that the applicant can obtain elsewhere, for example, by consulting the CMS publications of the Court's decisions and orders, or that is available with the final decision closing the proceedings, which is expected shortly and, in any case, in time to satisfy the interest underlying the access request. 2. The integrity of the proceedings, as a manifestation of the general interest of justice, which can limit the right of access under Rule 262.1.(b) RoP, may also be found in the need to safeguard the free procedural choices of the parties, who, for example, have initiated negotiations for the amicable settlement of the dispute, when the applicant has not demonstrated a general interest in the control and study of the Court’s judicial activities and decision-making process – which is the primary purpose protected by Rule 262.1 RoP – but rather the need to exercise their right of defense elsewhere, which the judge ad quem has already expressed a negative judgment on, even for other reasons.

With this order (only available in Italian), the Milan Local Division rejected an application for file access, stating that the applicant could obtain the information elsewhere. The Court further explained its reasoning regarding rule 262.1 and the weighing of interests.