Fives ECL v REEL (CoA, 14 October 2026)

Dhenne Avocats · 17 October 2026

Our analysis

Summary

By an order of 14 October 2026 (UPC_CoA_42/2026), the judge-rapporteur of the UPC Court of Appeal, seised by REEL of an application for the protection of its confidential information under Rule 262A RoP, granted interim confidentiality protection pending a decision on the application. The appeal is brought against the decision of the Hamburg Local Division of 11 February 2026 (UPC_CFI_274/2023) in the dispute between Fives ECL and REEL over EP 1 740 740.

Question

How should information for which confidentiality is sought be protected while the application is being argued?

Decision

The judge-rapporteur invited Fives to file its comments by 20 October 2026 at the latest. In the meantime, access to the information concerned is reserved to Fives’ representatives, who may share it with their experts and the members of their team provided they ensure compliance with the order. The obligation not to use or disclose the information outside the proceedings survives their conclusion, and a penalty payment may be imposed for culpable breach.

Key points for practice

• An application under Rule 262A RoP has immediate effect, since the Court protects the information on an interim basis even before it has heard from the other party.
• Representatives who receive the information answer for compliance by their experts and team, and the confidentiality obligation continues after the proceedings have ended.

Provisions applied

Rules of Procedure

Rule 262A RoP

Related decisions

• Fives ECL v REEL, 17 July 2026, an earlier order in the same appeal.
• Fives ECL v REEL, 11 February 2026, the Hamburg Local Division decision under appeal.

Prepared by Dhenne Avocats from the official decision, consulted on 17 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.