2025-01-09 - CoA - Abbott v. Powell Gilbert - UPC_CoA_481/2024
- Aktenzeichen:
- UPC_CoA_481/2024
- Datum:
- Spruchkörper:
- Court of Appeal - Luxembourg (LU)
- Art:
- Appeal Decision
- Parteien:
- Abbott Diabetes Care Inc. v. Powell Gilbert LLP
Kernaussage: The Court of Appeal extended its Ocado v Autostore framework for public access to the register under R.
2025-01-09 - CoA - Abbott
v.
Powell Gilbert - UPC_CoA_481/2024
landmark
The Court of Appeal extended its Ocado v Autostore framework for public access to the register under R. 262.1(b) RoP to all post-CFI-decision situations. It held that the general public interest in obtaining written pleadings and evidence arises as soon as a first-instance decision concludes the proceedings, and that this interest cannot be defeated merely because an appeal is pending, because the order concerns provisional measures, because the same subject matter is at issue in parallel proceedings, or because the CFI decision did not address every argument. The Court dismissed Abbott's appeals, confirming that the Hague Local Division was right to grant Powell Gilbert's access applications, and reaffirmed the 'quick look' balancing exercise mandated by R. 262.1(b) RoP.