UPC CoA 177/2024

Order from the Court of Appeal (UPC_CoA_177/2024) on the disclosure of evidence obtained in preservation/inspection proceedings under Art. 60 UPCA. The Court held that an application for preservation of evidence necessarily implies a right to have the outcome disclosed to the applicant, but this right is not unconditional — the opposing party must be heard before disclosure, especially where the evidence may contain confidential information. The Court remanded the matter to ensure AWM and Schnell were given the opportunity to make a confidentiality request before Progress received the expert report.

The Court of Appeal issued an order on the application for suspensive effect filed by Progress Maschinen & Automation AG, concerning an order by the Milan Local Division that had granted preservation of evidence and inspection orders in favour of AWM and SCHNELL. The court examined whether suspensive effect was warranted to prevent the appeal from being rendered largely ineffective.