UPC CoA 239/2025

The Court of Appeal revoked the Munich Local Division's order refusing Centripetal's ex parte application to preserve evidence at Palo Alto's Munich branch office and referred the case back to the Local Division. The Court held that the standard of proof for preservation of evidence is lower than for a full infringement action; mere plausibility of infringement suffices. The Court found that Centripetal's digital evidence preservation request was plausible and that the risk of evidence destruction was established. The order was limited in scope to monitoring Palo Alto's Network Security Solution and digital documentation at the Munich premises.