UPC CFI, LD Düsseldorf, 23 december 2024: Confidentiality club rules - no upper limit on potential penalties for flexibility reasons
20-01-2025 Print this page
Confidentiality club rules (R. 262A RoP).
To the extent that the Defendant 7. requests access for another lawyer, there is no need to grant such access. Either the lawyer for whom access is requested is actively involved in the case. In this event, it is already the responsibility of the Defendant’s 7. representatives to grant access as part of their team, with the consequence that they are also responsible for ensuring that these other lawyers keep the information confidential. Or that other lawyer is not actively involved in the case. In this situation, there is no need to grant access to the confidential information. Rather, the Defendant’s 7. interest in confidentiality will prevail [...]..
The Court has refrained from setting an upper limit on the potential penalties to be imposed. This gives the Court the necessary flexibility to take account of the circumstances of each individual breach of the confidentiality order and to determine the penalty payments on that basis.
