UPC CoA, 24 April 2024: No suspensive effect granted to appeal from order to produce evidence

Suspensive effect of appeal from order to produce evidence rejected (R. 223 RoP, R. 190 RoP, R. 262A RoP). 

Appeal is not devoid of purpose: a succesfull appeal  would result in the exclusion of the produced documents from the evidentiary record. 

The impugned Order must be clearly construed as meaning that only the Claimant’s representatives and their legal team are authorized to access the confidential information specified therein and that these representatives and their legal team are prohibited from sharing the confidential information with the Claimant. 

No breach of fundamental procedural rights. The system of procedural rules governing proceedings before the UPC follows the principle that all facts and evidence must be adduced to the proceedings as early as possible, ideally during the written procedure. This is also intended to ensure the fair conduct of the proceedings by enabling all parties to be fully informed of the facts and arguments forming the subject-matter of the dispute.

IPPT20260424, UPC CoA, Polytechnik v Dall Energy