UPC CoA, 9 January 2025: Generally no reason to restrict access once CFI proceedings ended
01-02-2025 Print this page
Appeal dismissed, rightly granted access (Article 45 UPCA, R. 262 RoP).
Once the CFI has concluded the proceedings, there is generally no reason to protect the integrity of the CFI proceedings, regardless of whether the CFI decision or order deals with all the arguments and evidence in the case or not; irrespective of whether the rendered order concerns provisional measures of the information or evidence ia also subject to other proceedings.
A ‘reasoned request` in R.262.1(b)RoP means a request that not only states which written pleadings and evidence (…) the applicant wishes to obtain, but also specifies the purpose of the request and explains why the access to the specified documents is necessary for that purpose, thus providing all the information that is necessary for the judge-rapporteur to make the required balance of interests.