UPC CFI 492/2024

The Copenhagen Local Division (in Danish) imposed penalty payments of EUR 67,500 on HGSystem ApS and associated entities for delayed compliance with a preservation of evidence order in proceedings concerning EP 4 238 202 B1. The defendants had failed to provide access codes and login information for financial systems, email accounts, and a seized computer for 36 days. The Court found penalties of EUR 5,000 per day appropriate for the first 18-day period and EUR 2,500 per day for the subsequent 18 days, acknowledging that penalties also serve a punitive function even where the obligation has since been fulfilled. Costs deferred to the main proceedings.

Order by the Copenhagen Local Division in preservation of evidence proceedings. The court ruled that the supplementary IT expert report from the evidence preservation procedure may be disclosed to the parties' representatives under confidentiality obligations. The court declined to impose penalty payments at that stage. Costs deferred to main proceedings.