2025-05-30 - LD Hamburg - Roche v. Tandem Diabetes et al. - UPC_CFI_88/2024

Was ist diese UPC-Entscheidung?

Zusammenfassung: The judge-rapporteur of the Hamburg Local Division granted an application under R. 262A RoP to classify a settlement agreement as confidential, made by the settling defendants and agreed to by the claimant and the remaining defendant. The order roots the protection in Art. 9(1) and (2), second subparagraph, point (a) of Directive (EU) 2016/943, in Art. 58 UPCA and in R. 262A RoP, and finds the requirements of R. 262A.2 and .3 RoP met. Access on the part of the non-settling defendant is limited to its registered legal representatives on an Outside Attorneys' Eyes Only basis, those representatives being bound to secrecy towards their own client unless they can show lawful knowledge of the information from outside the proceedings. The recipients are provisionally obliged to keep the information strictly confidential beyond this litigation and to use it only for this litigation, on pain of a penalty payment to be fixed by the Court. The order records that under R. 220.1 RoP it is not appealable as such, that no party has requested leave under R. 220.3 RoP, and that leave is not granted of the Court's own motion; the judge-rapporteur's competence in written proceedings follows from R. 331.1 with R. 334 and R. 335 RoP.

Quelle und Fundstellen

Quelle: UPC Case File

Aktenzeichen: UPC_CFI_88/2024