UPC Local Division: Access to the File

If a request for access to written pleadings and evidence is made by a member of the public under Rule 262.1(b) of the Rules of Procedure, the interests of that member of the public who would gain access to the pleadings and evidence must be balanced against the interests set out in Article 45 of the UPCA. These interests include, but are not limited to, the protection of confidential and personal information. The general interests of the administration of justice and public policy must also be taken into account. The general interest of the administration of justice includes safeguarding the integrity of the proceedings. Protecting the integrity of the proceedings is of the utmost importance, particularly while the case is pending, so that the parties can present their arguments and evidence, and the Court can conduct the proceedings impartially and independently without influence or interference from external public parties (Local Division Vienna, 12 August 2024, Court of First Instance 33/2024).