UPC CoA 42/2026

At the UPC: Fives ECL, SAS (5 cases)·REEL GmbH (4 cases)

• 2026-10-14
  Public

  Summary: In an appeal, the Court of Appeal judge-rapporteur invited Fives to comment on REEL's R. 262A confidentiality request by 20 October 2026. Pending a decision, the marked information and exhibits are provisionally restricted to Fives' legal representatives and their involved team, with a non-disclosure duty and a periodic penalty for culpable breach.

  Show the legal issues (3)

  • confidentiality of information from the other party (R. 262A RoP)
  • provisional access restriction pending decision
  • right to comment (R. 262A.4 RoP)
• 2026-07-17
  Public

  Summary: The Court of Appeal issued a procedural order granting in part Fives ECL's confidentiality application under R. 262A RoP, extending the existing confidentiality regime to cover certain persons and documents in the appeal proceedings, and changing the language of the appeal proceedings from German to English. REEL's deadline for filing its appeal response was extended by 15 working days.

  Show the legal issues (5)

  • R. 262A RoP — confidentiality protection in appeal proceedings
  • Extension of confidentiality circle to former employee of a party
  • Validity and continuation of first-instance confidentiality orders in appeal proceedings
  • Change of language of proceedings from German to English
  • Conditions for including non-employed persons in confidentiality circle (contractual penalty NDA required)
• 2026-06-17
  Appeal RoP220.1Public

  Summary: The Court of Appeal issued a procedural order (Anordnung) granting interim confidentiality protection pending a decision on Fives' confidentiality application under R. 262.2 and R. 262A of the Rules of Procedure. Access to specified confidential information in the appeal brief and certain exhibits is restricted on a temporary basis to REEL's authorized representatives, who must keep the information confidential. REEL is given five days to respond to the confidentiality application.

  Show the legal issues (4)

  • Interim confidentiality protection pending resolution of confidentiality application
  • Application under R. 262.2 and R. 262A Rules of Procedure
  • Access restrictions to confidential information in appeal proceedings
  • New documents introduced in appeal not covered by prior first-instance confidentiality order