Article 45

Public proceedings

The proceedings shall be open to the public unless the Court decides to make them confidential, to the extent necessary, in the interest of one of the parties or other affected persons, or in the general interest of justice or public order.

Case law

IPPT20240410, UPC CoA, Ocado v Autostore
Public access to written pleadings and evidence (Article 45 UPCA, Rule 262 RoP). Appeal dismissed. Balance of interests in the present proceedings in favour of granting access to statement of claim based on an interest of a general nature after the proceedings had come to an end by a settlement. The general principle is that the register and the proceedings are open to the public, unless the balance of interests involved is such that they are to be kept confidential. Interests to be balanced. The interests of the parties or other affected persons include the protection of confidential information and personal data (’the interest of one of the parties or other affected persons’). The general interest of justice includes the protection of the integrity of proceedings. Public order is at stake e.g. when a request is abusive or security interests are at stake. A “reasoned request” R.262.1(b) RoP means a request providing all the information that is necessary to make the required balance of interest. General interest of a member of the public that written pleadings and evidence are made available allows for a better understanding and scrutiny. Interest of protection of the integrity of proceedings ensures that the parties are able to bring forward their arguments and evidence and that this is decided upon by the Court in an impartial and independent manner, without influence and interference from external parties in the public domain. The general interest of public access and the interest of protection of integrity of the proceedings are usually properly balanced and duly weighed against each other, if access is given after the proceedings of an instance have come to an end by a decision. The balance is usually also in favour of allowing access if proceedings have come to an end before a decision and the integrity of proceedings no longer plays a role. A direct interest, such as regarding validity or infringement, may be immediately present and, in weighing against the general interest of integrity of proceedings, the balance will generally be in favour of granting access. The Court may, however, for the purpose of appropriate protection of the integrity of proceedings, impose certain conditions on granting access, such as the obligation for that member of the public to keep the written pleadings and evidence he was given access to confidential as long as the proceedings have not come to an end. 

IPPT20231017, UPC CFI, RD Nordic-Baltic, Ocado v Autostore

Availability to the public of pleadings or evidence. Article 45 UPCA means that the written procedure of the Court shall, in principle, be open to the public unless the Court decides to make it confidential, to the extent necessary, in the interest of one of the parties or other affected persons, or in the general interest of justice or public order. If a person has made an application under Rule 262.1(b) for access to pleadings or evidence and provided a credible explanation for why he/she wants access, the application shall be approved unless it is necessary to keep the information confidential.