UPC CFI, LD The Hague, 22 January 2025: Ex parte order to preserve evidence - confidentiality
06-05-2025 Print this page
Ex parte order for preserving evidence at former supplier, non-cooperating after cease-and-desist letter: detailed description, physical seizure, preservation in print or copy of digital media; written report within ten business days from the date of execution of the order, access to the Written Report is initially limited to the representatives of the Defendant only (Article 60.5 UPCA, R. 196 RoP, R. 197 RoP).
Representatives only confidentiality club as requested: access to the Written Report is initially limited to the representatives of the Defendant only (R. 262A RoP).
Lower threshold for preservation of evidence than for provisional injunction (R. 196 RoP, R. 211 RoP).Degree of certainty required for the granting of an application for the preservation of evidence and description (R.190, 196 RoP) is lower than the threshold for the granting of an injunction as a provisional measure (R.211 RoP) as the former is also meant to collect evidence for further actions.
Demonstrable risk of evidence being destroyed as the capture of data is one of the Applicant’s targets and it is generally accepted that digital data can be easily hidden or erased if previous notice is given of this kind of application, as is also mentioned above. Mammoet’s fear that evidence can easily be removed if the Defendant is informed or heard before the measure, is thus considered justified.
IPPT20250122, UPC CFI, LD The Hague, Mammoet v P.T.S.
Confidentiality club extension after ex parte preservation of evidence (R. 262A RoP). Four natural persons of Mammoet are granted access to written report. Defendant has chosen not to appoint a representative in these proceedings. It has not requested confidentiality of the Written Report nor of any of the Attachments.
